
Book ' ^^ X 

i pi 



CBEINEIRAL. 

PUBLIC SCHDDL LAWS 



-OF- 



^ A LAB AM A. K- 



•^MQOl.i^ 



ISSUED 



JOHN w. abeircrombie:, 

SUPERINTENDENT OF EDUCATION. 



A. ROEMER, 
STATE PRINTER AND BINDER, 
MONTGOMERY, ALA. 
1901. 



GEINEIRAL 

PUBLIC SCHDDL LAWS 



-OF — X55 



-^ A L AB A M A. ^ 



■^ 1901. i^ 



SJ^7. 



ISSUED 



JOHN w. abeircrombie:, 

SUPERINTENDENT OF EDUCATION. 



A. EOEMER, 
STATE PRINTER AND BINDER, 
MONTGOMERY, ALA. 
1901. 



s 



^'^ 






DEPARTMENT DF EDUEATIDN. 



John W. Abekcrombie, Harry C. Gunnels, 
Superintendent of Education, Chief Clerk. 

William Denman and H. S, Abeecrombie; Miss Bessie Hood, 
Bookkeepers. Stenographer. 



BTATE BDARD DF EXAMINERS. 

JOHN W. ABERCROMBIE, Ex-Officio President. 

JOHN L. DODSON, Secretary. 

GEORGE W. BROOK,| 



III BirCHAN98. 



~- PUBLIC SCHOOL LAWS OF ALABAMA. 

^ Article I. 

PUBLIC SCHOOL FUND. 

3539. Appropriations for public schools. — For the main- 
tenance of a system of public schools throughout the 
State, the following sums of money are hereby appro- 
priated for each scholastic year, to-wit : 

1. The annual interest at six per cent, on all sums 
of money which have heretofore been, or which may 
hereafter be received by the State, as the proceeds of 
sales of lands granted or intrusted by the United States 
to the State, or to the several townships thereof, for 
school purposes. 

2. The annual interest at four per cent, on that part 
of the surplus revenue of the United States, deposited 
with the State under the act of congress approved June 
23, 1836. 

3. All the annual rents, incomes and profits, or in- 
terests, arising from the proceeds of sales of all such 
lands as may hereafter be given by the United States, or 
by this State, or by individuals, for the support of the 
public schools of the State. 

4. All such sums as may accrue to the State as es- 
cheats ; the same to be applied to the support of tlio 
public schools during the scholastic year next succeed- 
ing their receipt in the State treasury. 

5. The further sum of five hundred and fifty thou- 
sand dollars, from any money in the treasury not other- 
wise appropriated. (As amended.) 

6. The net amount of poll-tax that may be collected 
in the State ; the poll-tax collected in each county to be 
retained therein for the support of the public schools 



thereof, and distributed and disbursed as provided in. 
this chapter. 

7. All rents, incomes and profits received into the 
State treasury during the scholastic year from all lands 
heretofore donated by the congress of the United States 
for the support of the public schools, and remaining un- 
sold, which shall be applied to the support of the public 
schools during the scholastic year aext 8ucs'©H£#i»g their 
receipt into the treasury. 

8. Licenses which are by law required to be paid into 
the school fund of any county ; to be promptly paid by 
the judge of probate, or other person collecting the 
same, to the county superintendent of education, and to 
be expended for the benefit of the public schools of such 
county. 

3540. When appropriations accrue, and placed to credit-' 
of educational fund. — All such appropriations, except 
the poll-tax, shall accrue to the educational fund on the 
first day of October, in each year; and on that day the 
State auditor shall place to the credit of that fund, on 
the books in his office, all such amounts as accrue 
thereto from the sources in this article mentioned, except 
the poll-tax, for the scholastic year beginning on that- 
dav- 



Article II. 
general designation of officers. 

3541. Officers for administration of public schools. — " 
For the administration and government of public echools • 
in this State, there are the following officers : 

1. The superintendent of education. 



2 A county superintendent of education in each 
county. 

3. Three township trustees in each township. 



Article III. 

SUPERINTENDENT OF EDUCATION, 

3542. Term of office ; salary .-—The superintendent of 
education holds office for the term of two years from the 
time of his installation in office, and until his successor 
is elected and qualified, and shall receive a salary of two 
thousand two hundred and fifty dollars per annum, pay- 
able in monthly installments, on the last day of each 
month . 

3543. Oath of office and bond. — Before entering upon 
the duties of his office, he shall take the oath of office 
prescribed by the constitution, and shall also give bond, 
with sureties to be approved by the governor, in the 
sum of fifteen thousand dollars, conditioned faithfully 
to discharge the duties of his office so long as he shall 
remain therein, or perform any of the duties thereof; 
and such bond shall be filed in the office of the secretary 
of state. 

3544. Office and books, pa,pers and records. — He shall 
have an office at the capitol of the St^te, where the 
bonds, papers and records of his office shall be kept, and 
where he shall give attendance when not absent on offi- 
cial business ; and it shall be the privilege of all persons 
interested to have access, at all proper hours, to the 
books, papers and records of the office. 

3545. Clerks and their salaries. — He is authorized to 
employ four suitable clerks for service in his office ; and 
such clerks shall be allowed salaries as follows : One, 
•fifteen hundred dollars per year; two, twelve hundred 



6 

dollars per year each ; one, five hundrerl dollars per 
year, to be paid as the salaries of other department 
clerks are paid. (As amended.) 

3546. Duties of superioitendent of education. — The du- 
ties of superintendent of education shall be as follows : 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of 
public education, and shall exercise a general super- 
vision over all the educational interests of the State ; 
and to this end, he shall have power to require from 
the county superintendents of education, townsnip trus- 
tees of public schools, and all other school officers, all 
such reports and information relating to the educa- 
tional fund, or the condition of the schools and man- 
agement thereof, as he may deem important, or as may 
be prescribed by law ; and he may remove from office 
any such officer for failure to make such report, give 
such information, or discharge any other official duty. 

2. He shall annually, as far as practicable, visit 
every county in the State for the purpose of inspect- 
ing the schools and their management, the accounts 
of county superintendents of education and other school 
officers, and for diffusing as widely as possible, by 
personal address and personal communication, infor- 
mation as to the importance of public schools and the 
best method for their management ; and he shall en- 
courage and assist at organizing and conducting teach- 
ers' and superintendents' institutes. 

3. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part, by public money, or under State control, in hy- 
giene and physiology, with special reference to the 
effects of alcoholic drinks, stimulants and narcotics 
upon the human system. 



4- He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part, by public money, or under State control, in the 
constitution of the United States and the constitution 
of the State of Alabama. 

6. He shall annually apportion the public school 
fund to the various townships and school districts ac- 
cording to the entire number of children of school age 
and shall see to the proper disbursement of the same ; 
and to this end, he shall keep an accurate account with 
all officers who may be custodians or disbursers of the 
school fund, or any part thereof. 

6. He shall prepare all forms, and have printed and 
distributed all such blanks as may be necessary, or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping their 
accounts and records, to be and remain public property ; 
and he shall prescribe a uniform system of keeping such 
accounts and records. 

8. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

9. He shall keep a debtor and creditor account with 
each township, or other school district, in the State, of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of school 
officers and others required to be filed therein . 



8 

12 . He shall cause suits to be instituted and prosecuted 
against all defaulters to the educational fund, and for 
this purpose may employ attorneys; but he shall not 
have power to contract to pay such attorneys out of the 
educational fund more than ten per centum of the 
amount recovered by them in such suits ; and out of 
such fund he may pay such lawful costs as may be taxed 
against him as superintendent of education, in case he 
is cast in any of such suits. 

13. He shall require and supervise the collection of 
all poll-taxes. 

14. He shall, by correspondence, exchange of official 
reports, and other proper means, elicit information rela- 
tive to the system of public education in other States 
and countries, and disseminate all useful knowledge re- 
garding the same among the county superintendents 
and other school officers in the State. 

15. He shall collect in his office such school-books, 
apparatus, maps, charts and specimens of improved 
school furniture as can be obtained without expense to 
the State, 

16. He shall prepare and have printed, in pamphlet 
form by the public printer, all laws, rules and regula- 
tions pertaining to the public school system of the State, 
including therein the constitution of the United States 
and the constitution of the State of Alabama, and cause 
the same to be distributed among the county superin- 
tendents of education, and other officers connected with 
the school system, for the iuformation of those interested 
in the educational interests of the State. 

^17. He shall hold, or cause to be held, within each' 
congressional district, one or more teachers' institutes, 
to be conducted by a teacher experienced in and familiar 
with the most improved methods of instructioii, for a 
term of one week or more during the summer months of 



9 

■each year ; and for such purpose may, from time to time, 
certify to the auditor the amount, not exceeding five 
hundred dollars in any one year, necessary to defray the 
•expenses of employing teachers to conduct such insti- 
tutes and instruct the teachers who attend them, and 
upon such certificate it shall be the duty of the auditor 
to draw his warrant upon the treasurer for such sum or 
sums in favor of the superintendent of education as may 
remain unapportioned in the treasury at the time ; but 
the sum so expended in any one year shall not exceed 
the amount apportioned and paid for such purposes by 
the trustees of the Peabody Educational Fund in any one 
year. And such sums must be disbursed so as to secure 
the greatest good to the largest number of teachers in the 
common schools, and it shall be the duty of the super- 
intendent of education to take vouchers t lerefor to be 
kept on file in his ofiice, and to make an itemized state- 
ment in his biennial report as to how and to whom said 
money has been disbursed. ' ^ 

18. He shall perform such other duties as are, or may 
be prescribed by law. 

3547. Report to governor; contents. — He shall also, bi- 
ennially, on or before the tenth day of October, report to 
to the governor in writing — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from 
the county superintendents of education, exhibiting the 
condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contin- 
gent fund of his department, and all other special funds 
or appropriations under his control have been disposed 
of. 



10 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

6. All such other matters relating to his office and to 
public schools, as he shall deem expedient to communi- 
cate. 

3548. Report to be printed and distributed. — The gover- 
nor shall, when such report is laid before him, direct the 
superintendent of education to have printed in the same 
manner, and upon the same conditions as oiher printing 
is done, during the recess of the general assembly, a 
sufficient number of copies of the report to supply the 
county superintendents and township trustees of public 
schools, and other school officers, and for the usual ex- 
change with other States, and with the leading cities of 
the United States; and it shall be the duty of the super- 
intendent of education to distribute the same as indi- 
cated in this section. 

3549. Vacancy filled by governor; term, etc., of appoin- 
tee. — If the office of superintendent of education should, 
at any time, become vacant, by death, resignation, or 
otherwise, the governor shall appoint a suitable person 
to fill such office for the unexpired term ; and such ap- 
pointee shall give bond and qualify in the same manner 
as if he had been elected for a full term. 



Article IV. 

COUNTY SUPERINTENDENTS. 

3560. One elected for each county . — Unless by special 
act it is otherwise provided, a county superintendent for 
each county is elected at each general election as pro- 
vided in this Code. 

3551. Term of office; removal. — The term of office of 
county superintendents who are elected shall commence 



11 

on the first day of October next after their election, and 
the term of those appointed shall commence on the first 
day of October of each odd year; and in either case, shall 
be for two years and until their successors shall qualify ; 
but the superintendent of education may, at any time, 
for good cause shown, remove from office any county su- 
perintendent of education, whether elected or appointed. 

3552. Oath of office and bond. — Every county super- 
intendent of education, before entering upon the duties 
of his office, must take the oath of ofiice prescribed by 
the constitution, and give bond in an amount to be fixed 
by the superintendent of education, but in no case to be 
less than double the probable amount of money that may 
be in his hands at any one time, with good and sufficient 
sureties, and payable and conditioned as official bonds of 
other public officers. 

3553. Approval and record of bond . — Such bond must 
be approved by, and, with the oath of office, must be filed 
and recorded in the office of the judge of probate of the 
county ; and a certified copy of the bond must also be 
filed in the office of the superintendent of education for 
his approval. 

[Failure to file copy with superintendent of education 
no defense to county superintendent or his sureties, in an 
action for his default. — Reed v. Summers, 79 Ala. 522.] 

3554. Neiv or additional bond; effect of notice to give. 
The superintendent of education shall require of any 
county superintendent of education a new or additional 
bond, in the same, or a different amount, as that of the 
original bond, whenever he shall find it necessary for 
the pro Lection of the educational fund of the county; 
and no county superintendent of education, after receiv- 
ing notice to give such new or additional bond, shall con- 
tinue in the discharge of the duties of his office until 
such new or additional bond is given. 



12 

3555. Compensation. — Each county superintendent of 
education shall receive for his services four per centum 
on the amount of all the educational fund legally dis- 
bursed by him; but such per centum must not be taken 
or used by him until after the disbursements have been 
made, and the credits allowed by the superintendent of 

■education. 

3556. His duties. — The duties of each county super- 
intendent of education shall be as follows : 

.1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month from the beginning of the scholastic year until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schools. 

2. He must receive and cake charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise , endowment, or otherwise, to be used in aid of, or 
in connection with money apportioned to his county 
from the educational fund, and shall faithfully keep the 
same, separate and apart from any other funds or prop- 
erty whatsoever ; and he shall apportion, distribute and 
pay out all money raised in accordance with this subdi- 
vision ; but all money, raised by local taxation in any 
school district or incorporated city or town, shall be ex- 
pended for the benefit of the district, city, or town in 
which the money is raised, and by such persons, and in 
such manner as are authorized by the laws of force for 
the control and government of public schools in such 
district, city, or town. 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth section fund, 
and sixteenth section lands unsold in his county; and 



13 

he is authorized and required in the name of the State 
for the use of the township, to bring all necessary suits 
for the recovery of the possession of such lands, or 
against trespassers thereon. 

4. He shall, as soon as he receives the annual appor- 
tionment of the educational fund to his county, forth- 
with notify the township trustees of each township of 
the amount s,pporfcioned to each township or separate 
school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educational 
fund of his county, showing by whom or to whom paid, 
and for what purpose, and also the amount of the edu- 
cational fund apportioned to, and distributed in each 
township for each race; and such books shall be open to 
the inspection of all persons interested. 

6. He shall, on or before the thirtieth day of Septem- 
ber of each year, forward to the superintendent of edu- 
cation, on blanks to be furnished him by the latter, an 
annual report of the public schools of his county for the 
preceding year, which shall set forth (1) the amount of 
school money received by him from all sources to the end 
of the year, specifying how much was received from 
each source ; (2) how much has been disbursed by him 
during such year, for what purpose, and the names of 
teachers to whom money has been paid, the time they 
taught, and the total amount paid to each teacher ; (3) 
the amount of funds then in hand for each township or 
school district in his county ; and (4) the manner in 
which, and the extent to which he has discharged the 
duties required by law to be performed by him. 

7. He shall remove from office any township trustee 
•when the interest of public education demands such re- 



14 

moval, and he shall fill all vacancies occasioned by re- 
moval froD^ office or otherwise. 

8, He must quarterly, on the first Saturdays in Jan- 
uary, April, July and October of each year, or as soon 
thereafter as practicable, pay the teachers of the public 
schools, upon the certificate of the trustees of the town- 
ship in which the school was taught ; and in counties in 
which separate districts have been established by special 
laws, he shall pay over to the officers authorized to re- 
ceive the same their proportionate &hares of the school 
revenues at the times above designated. 

3557. Forfeiture for failure to make annual reports. — If 
any county superintendent shall willfully fail to make 
out and forward to the superintendent of education any 
annual report required by this article, within ten days 
after the time it should be made, he shall be liable to a 
forfeiture of his commissions, to be declared by the su- 
perintendent of education, and to removal from office by 
the superintendent of education. 

3558. Boohs and accounts liable to examination.— The 
books, accounts and vouchers of the county superinten- 
dent of education may be examined at any time by the 
superintendent of education in person or by duly author- 
ized agent. 

3559. Vacancies, hoiu filled; term, etc., of appointees. — 
The superintendent of education shall fill all vacancies 
in the office of county superintendent of education, by 
appointment ; and such appointee shall hold during the 
unexpired term, and imtil his successor qualifies, and 
shall give bond and qualify as is required of an appointee 
for a full term. 



15 

Article V. 

TOWNSHIP TRUSTEES. 

3560. Toumship tmstees appointed; term of office. — 
Three township trustees for each township or other 
school district in each county, who shall be freeholders 
and householders resident in such township or school 
district, shall be appointed by the county superintendent 
of education ; and the term of office of all township trus- 
tees shall commence on the first day of October of each 
odd year and continue two years and until their suc- 
cessors shall qualify. 

3561. Establishment and supervision of schools. — The 
township trustees shall have the immediate supervision 
of the public schools in their township or school district, 
and shall have power to establish, subject to the ap- 
proval of the county superintendent of education, one or 
more schools for either race in such township or school 
district, as the public necessity may require. 

8562. Meetings tuith parents and guardians; business 
transacted. — The trustees in each township shall annually, 
on the last Monday in October, or within seven days 
thereafter, call a meeting of the parents and guardians of 
the children of their township within the educational 
age, and at such meeting they shall, in consultation 
with such parents and guardians, and with a view to 
subserve their wishes, interests and convenience, trans- 
act the following business : 

1. They shall determine the number of schools which 
shall be established in their township for the current 
scholastic year, and shall designate the same by num- 
ber. 

2. They shall fix the location of each school, the 
time of its opening, and the length of the session, which 



16 

shall not be, except as hereinafter provided, less than 
twelve weeks. 

3. They shall, when they establish the schools in 
their township, apportion to each school so established, 
such an amount of the public school revenue appor- 
tioned to the township for the current scholastic year 
as they may deem just and equitable and for the equal 
benefit of the children thereof of school age. 

4. They shall determine the number and what chil- 
dren shall be transferred from their districts to the 
schools of other districts, and to what districts trans- 
ferred, during the scholastic year, and shall set apart 
such an amount of the money apportioned to their dis- 
trict to pay for such transferred children as they may- 
deem ]ust and equitable ; and if it should be deemed 
impracticable to establish in any district a public school 
for the children of either race, on account of the want 
of a sufficient number of such race living within a rea- 
sonable distance, they shall determine whether any of 
such children can be transferred conveniently to a pub- 
lic school in another district, and those that cannot be 
so transferred, and that have actually attended some- 
school in this State for the time during which the 
public schools were kept open for the current scholastic 
year, shall be entitled to the benefits of the amounts 
apportioned to their district ; and they shall determine 
the amount to which each of such children shall be 
entitled, and the same shall be paid by the county su- 
perintendent of education to the parent or guardian cff 
such child, for which a receipt shall be taken as in case 
of payments to teachers. 

5. In those townships in which less than the requisite 
number of children of school age reside, it shall be the 
duty of the township trustees to arrange for the teach- 
ing of such children in such manner as they may deem 



17 

proper and just, subject to the approval of the county 
superintendent of education, and to pay for the tuition 
of such children in the manner prescribed by law out 
of the school funds apportioned to such township. 

6. Such other business as may be necessary to carry 
out the provisions of the law. 

3563. Report after meeting. — They shall, within ten 
days afser such meeting, report to the county superin- 
tendent of education the number and location of the 
schools, the names of the teachers employed, and the 
amount of money apportioned to each school. 

3564. Notice and duration of meeting ; effect of failure to 
attend. — Such meeting shall be called by posting, ten 
days previously thereto, written notices of the time and 
place of meeting, and of the business to be transacted 
thereat, in not less than three public places in the dis- 
trict ; and the township trustees shall have power to 
continue the meeting from day to day until all the busi- 
ness has been transacted, and they may adjourn the 
same to a future day, not exceeding one week; and if 
the parents and guardians fail to attend such meetings 
the township trustee shall, in their absence, proceed to 
perform the duties required of them. 

3565. Appeal to county superintendent — An appeal 
may be taken from the decision and action of the to wn- 
ship trustees had and done at such meeting, to the cou/ity 
superintendent of education, who shall notify the town- 
ship trustees of the appeal, and shall appoint a day on 
which to hear and determine the same, and whose de- 
cision shall be final. 

3566. When but one school in township, how located; 
change of location. — When but one school is established 
in a township, it shall be so located as to accommodate 
the largest number of pupils, and tp. encoura^ge the build- 
ing of a permanent school house as near the center of 

2 



18 

the township as possible, whenever it can be done with- 
out material injury or inconvenience to the children 
within the educational age ; but such location may be 
changed by the township trustees from year to year, in 
order to provide for those who were not in reach of the 
school in previous years ; and in the location of public 
schools, township trustees must have reference to the 
population and neighborhood, paying due regard to any 
school house already built, or site procured, as well as 
as to all other circumstances proper to be considered, so 
as to promote the interest of free public educat'on. 

3567. To what regard must he had in locating schools 
and employing teachers. — In locating public schools, 
and employing teachers, township trustees shall have 
dre regard to such communities as will supplement the 
district fund, ana to such teachers as will procure and 
teach the greatest number of pupils within the educa- 
tional age ; the object of this section being to encourage 
the building up and maintaining of large schools, which 
shall continue the longest term practicable ; but in no 
case shall such communities and citizens, as are unable 
or unwilling to supplement the district fund, be deprived 
of the benefit of the public schools. 

3568. Employing teachers and opening schools. — The 
township trustees shall in no case contract with teachers, 
or open schools until they have definitely determined 
the number and location of the schools in their district, 
and the amount of money each school shall receive from 
tbe amount apportioned to the district ; nor shall they 
contract for a school of less than three scholastic months, 
nor less than ten pupils of school age, if there are more 
than that number of each race within such age, nor 
more than fifty pupils to each teacher. (Amended 1901. 

See act below.) 

3569. Execution oj contracts ivith teachers; contract for 



19 

•transferred pupils. — All contracts wifcli teachers shall be 
in writing, and shall specify the amount to be paid per 
month from the district fund, and shall be executed in 
duplicate, one of which shall be filed with the county 
superintendent of education for his approval within ten 
-days after it has been signed ; and no such contract shall 
be valid without his approval ; and the township trustees 
shall also, in like manner, contract with teachers for 
transferred pupils. 

3570. Visits to schools. — The township trustees shall 
Tisit the schools in their district at least once during 
each scholastic year. 

3571. Removal of teachers; payment of time. — The 
township trustees may, for any cause sufficient in their 
judgment, terminate the contract of, and remove, any 
teacher ; but such teacher shall be allowed pay for the 
time he taught according to the terms of his contract. 

3572. Register of daily attendance. — The township 
trustees shall, require the teachers of public schools to 
keep a register of the daily attendance of the pupils in 
the schools taught by them, and to submit such register 
to them for their inspection. 

3573. Enumeration of children. — The township trus. 
tees must, during the month of July of each odd year, 
make an enumeration of all the children, white and black, 
male and female, within the educational age, in their town- 
ship or district and report the same in duplicate to the 
<30unty superintendent of education by the first day of Au- 
gust following ; and the county superintendent of educa- 
tion shall make to the superintendent of education a writ- 
ten report of the several enumerations made to him by the 
township trustees by the fifteenth day of August of such 
year. 

3574. Neiv enumeration in certain cases. — If the town- 
ship trustees in any county or township should fail in 



20 

any year to make the enumeration provided for in the 
preceding section, or if the superintendent of education 
of the State should have reason to believe tliat the enu- 
meration made and returned to his office is fraudulent 
or greatly erroneous in any county or township, and 
shall determine that it is for the best interest of the 
public school system that another enumeration be made 
in any county or township, he shall have power to pro- 
cure the making of a new enumeration of the children 
of school age in any county or township, and shall pay 
the expense of making the same out of the fund first 
available and apportioned to the county or township in 
which such new enumeration is made, as the case may 
be. 

3575. Exemption from road and jury duty and poll-tax..- 
Township trustees are exempt from road duty, jury duty 
and poll-tax, so long as they shall continue in office and 
perform the duties thereof ; and the certificate of the 
county superintendent of education shall be evidence of 
the fact. 



Article vi. 

teachers. 

3578, Instruction as to the nature of alcoholic drinks- 
and narcotics. — Every teacher shall give instruction as 
to the nature of alcoholic drinks and narcotics and their 
effects upon the human system, and such subject shall 
be taught as regularly as any other in the public schools, 
and in every grade thereof. 

" 3579. Hoiv long certificates are valid. — A third-grade 
certificate shall be valid for two years; a second-grade 
certificate for four years, and a first grade certificate for 
eix years, in any county in the State. (As amended.) . 



21 

3580. Register kept by teachers and submitted. — Every 
teacher of a public school must keep a register of the 
actual daily attendance of the pupils in his school, and 
must submit such register to the township trustees for 
their inspection. 

3581. Quarterly report; not entitled to compensation un- 
til forwarded. — Every teacher of a public school must, 
within five days after the end of each scholastic quar- 
ter, forward to the county superintendent of education a 
complete report, setting forth the enrollment, attend- 
ance, number of transferred pupils, and from what town- 
ship transferred, the branches taught, and the number of 
pupils in each, distinguishing between male and fe- 
male, and stating whether a white or colored school ; 
also the monthly pay from school revenue from the 
township in which the school is located, and from trans- 
ferred pupils, stating the township and range from 
which they are transferred ; also the number of days 
taught, the amount due for services from school revenues 
of the township, the number of visits by township trus- 
tees, and the name and postoffice of the teacher; and 
such report must be sworn to by the leacher before some 
one of the township trustees, and approved by them; 
and no teacher can draw any pay for services rendered 
by him until he has forwarded his report in accordance 
with the requirements of this section. 

3582. To be paid quarterly . — The teachers of public 
schools shall be paid quarterly, on the first Saturdays in 
January, April, July and October, or as soon thereafter 
as practicable. 

[Schoolmaster stands in loco parentis and may, in a 
proper case, inflict corporal punishment ; but is criminal- 
ly liable for an abuse of his authority. — Boyd v. State, 
88 Alabama. 169 ; McCormack v. State, 102 Alabama 
156. 



22 

Article VII. 

BOARDS OF education; TEACHERS' INSTITUTE. 

3583. Board of education; hoiv constituted; vacancies. — 
There shall be established in each county of the State a 
board of education composed of the county superintend- 
ent of education, who shall be the president thereof, and 
of two teachers, either in private or public schools of the 
county, who shall be appointed by such superintendent 
at the beginning of each scholastic year, or as soon 
thereafter as practicable, and who shall hold office dur- 
ing the current scholastic year, and one of whom shall 
be appointed secretary; and a majority of the board shall 
be necessary for the transaction of any business. The 
county superintendent of education shall have power to 
fill all vacancies that may occur in such board . 

3584. Meetings of hoard. — Such board shall meet quar- 
terly at such times and places as they may designate ; 
but may meet oftener when deemed advisable by them. 

3588. Cause for Cancellation of license. — Whenever it 
shall appear to the superintendent of education that any 
teacher to whom a license has been issued has been 
guilty of intemperance, or of unworthy or disgraceful 
conduct, his license shall be canceled, and his name 
stricken from the registered list of teachers. (As amend- 
ed.) 

3590. Teachers^ institutes to he organized. — It shall be 
the duty of the board of education in each county to or- 
ganize and maintain therein teachers' institutes, one for 
teachers who are white persons, and one for teachers 
who are colored persons, to be held at such times and 
places as the board may prescribe; but there shall not 
be less than ten licensed teachers in the county of the 
race for whom such institutes shall be organized. 



23 

3591. Officers and members of institutes; no fee imposed 
without consent. — The county superintendent of educa- 
tion shall be the president of such institutes, and the 
members of the board of education shall be the vice- 
presidents thereof, one of whom shall preside over its 
meetings in the absence of the president ; the other offi- 
cers thereof may be elected. Every teacher of the coun- 
ty holding a license shall be a member of the institutes 
organized for his race. But no fee or assessment shall 
be imposed on a member without his consent. 

3592 . Meetings of institutes . — There shall not be less 
than three meetings in each year of such institutes, one 
of which shall be held in the month of September, and 
at this meeting an address to the teachers shall be made 
by some person selected by the educational board ; and 
teachers holding licenses shall attend at least one of 
such meetings. 

3593. Business of institutes. — The meetings of the in- 
stitutes shall be devoted mainly to discussions and in- 
structions in regard to the methods of teaching and dis- 
ciplining schools, and to the text-books used, and other 
matters connected with the schools and school laws. 



Article VIII. 

DISTRICTS ; SCHOOLS ; SCHOLASTIC PERIODS. 

3594. School districts; estahlishm£nt and supervision; 
capacity to hold property. — Every township, and fraction 
of a township, which is divided by a State or county 
line, or any river, creek, or mountain, or other barrier 
rendering intercourse between the different portions of 
the township difficult, and every incorporated city or 



24 

towu having three thousand inhabitants, or more, shall 
constitute a separate school district ; and each of them 
shall be under a township superintendent as to all mat- 
ters connected with public schools. Each township, or 
other school district, in its corporate capacity, may hold 
real and personal property ; and the business of such 
corporations, in relation to public schools and school 
lands, shall be managed by the township or district trus- 
tees, 

3595. Pupils entitled to instruction in public schools. — 
Every minor over the age of seven years shall be entitled 
to admission into, and instruction in any public school 
of his or her own race or color in this State. 

3596. Child may not attend more than one school. — No 
child who has attended a public school the number of 
days to which it is entitled as a pupil in that school, 
shall attend another during the same scholastic year, 
unless by consent of a majority of the trustees of the 
township in which such other is situated. 

3597. When non-residents entitled to school privileges . — 
Any parent or guardian residing in "the State who shall 
pay a local or special school tax on real estate valued at 
five hundred dollars or more, in any city, township, or 
separate school district, shall be entitled to the privil- 
eges and benefits of the public schools in such city, 
township, or separate school district, for their children, 
the same as parents and guardians resident therein. 

3598. Scholastic periods. — The scholastic year shall 
begin on the first day of October of each year, and end 
on the thirtieth day of September of the following year ; 
twenty days shall constitute a school month, and a 
school day shall be not less than six hours. 

3599. Public examinations, and certificates of pupils.- — 
Public examinations must be held in the public schools 
at least once in every year ; and when the board of edu- 



25 

cation shall be satisfied that any pupil has become thor- 
oughly educated in all the branches of free instruction in 
any one of such schools, they shall give to him or her a 
certificate to that effect. 

3600, Separate schools for the two races. — In no case 
shall it be lawful to unite in one school children of the 
white and colored races. 



Article IX. 

APPORTIONMENT OF SCHOOL FUND ; DISBURSEMENT. 

3601. Auditor certifies amount of educational fund ; su- 
perintendent apportions. — On the first day of October of 
each year, or as soon thereafter as practicable, the audi- 
tor shall certify to the superintendent of education the 
amount of money which has accrued and been placed by 
him to the credit of the educational fund for the scholas- 
tic year commencing on that day, stating specifically the 
amount derived from each source, and any unexpended 
balance there may be from the appropriation of the pre- 
vious year to be carried forward ; and the amount so cer- 
tified shall be apportioned by the superintendent of edu- 
cation, and be drawn and disbursed as provided by law. 

3602. Contingent expenses and amount for normal 
schools set apart; residue apportioned. — As soon as such 
certificate is received by the superintendent of education, 
he shall set apart out of the general fund a sufficient 
amount to pay such expenses of the department of edu- 
cation as are by law payable out of such fund, and the 
amount necessary to cover the expenses of normal 
schools ; and he shall then apportion all the balance of 
such fund, as nearly as practicable, among the several 



26 

townships and school districts in the State, as herein- 
after provided. 

3603. Amounts apportioned certified to auditor; no war- 
rants draiun in -excess ; balance unapportioned certified to 
treasurer. — As soon as such amounts have been set apart, 
and such apportionment has been made, the superinten- 
dent of education shall certify to the auditor the amount 
set apart for each particular purpose or appropriation, 
and the total amount of the apportionment to the sev- 
eral school districts in each county, and the auditor shall 
see that no warrants are drawn against the educational 
fund, for any purpose, for any amount in excess of the 
amounts so certified as set apart and apportioned ; and 
he shall certify to the treasurer the amount of the school 
revenue, exclusive of poll tax, unapportioned by the su- 
perintendent of education ; and the treasurer shall set 
apart the amount out of the money received from the 
taxes of the current year, and he shall keep the same 
separate and apart from all other revenues, and shall 
not pay out any of such money except upon warrants for 
school purposes. 

3604. Interest on sixteenth section or other trust fund 
first set apart ; effect of apportionment. — In making the ap- 
portionment of school money to the several districts, the 
superintendent of education shall first set apart to each 
township, or other school district, the amout due from 
the State thereto as interest on its sixteenth section fund, 
or other trust fund held by the State ; and all townships 
or school districts, having an income from such source, 
or from the lease or sale of sixteenth section lands, shall 
not receive anything out of the balance of the educational 
fund to be apportioned, until all other townships or 
school districts, having no trust fund, shall have received 
from the general fund such amount as will give them an 



27 

equal per capita apportionment with the townships qr 
districts having such income. 

3605. Apportionment; basis of, and hoiu made. — The 
su!.:erintendent of education shall apportion the educa- 
tional fund to the respective townships or school dis- 
tricts, subject to the provisions of the preceding section, 
according to the latest official returns of the enumera- 
tion, of school population of the townships or other 
districts, which have been made to his office, 
and according to the entire number of children of 
school age in each township or school district ; but when 
the township trustees of any township or district have 
failed to make and return the census enumeration of 
their township or district as required by law, and when 
the superintendent of education has not caused a new 
enumeration to be made, the superintendent of education 
shall make the apportionment to such township or dis- 
trict, according to the best information he can obtain as 
to the school population of such township or district ; 
but in no event shall he, in case of such failure, estimate 
the school population of any such district or township at 
more than the number shown by the last official report to 
his office. 

3606. Apportionment recorded, and certified to county su- 
perintendents ; when contracts for schools invalid. — As soon 
as such apportionment is completed, the superintendent 
of education shall have the same recorded in his office, 
in books kept for that purpose, showing the amount 
which has been apportioned to each school district, and 
the source or sources from which the same was derived, 
the amount to each district, and the number of children 
in the district upon which the apportionment was based ; 
and he shall then furnish to each county superintendent 
of education a certified copy from such books, showing 
the dividends of the educational fund to each township 



28 

or district under the latter's supervision ; and the amount 
so divided and certified shall be the total amount which 
each of such school districts shall be entitled to receive 
from the State, except the poll tax, during the current 
scholastic year; and no contract to pay for any school or 
schools, for any district, more than the amount thus ap- 
portioned to it, together with such poll tax as it may re- 
ceive, and such funds as may be in hand from any pre- 
vious year, shall be valid against the State or township. 

3607. Poll tax received hy each county. — Each county ^i 
shall receive as school money all the poll tax collected 
therein ; and the same shall be its full distributive share 
of the aggregate poll tax collected in the State. 

3608. Each totvnship and race entitled to its poll-tax. 
Each township or other school district is entitled to re- 
ceive, for the support of the public schools therein, all 
the poll-tax raised in and for such township or district ; 
and the county superintendent of education of each 
coanty and the township trustees of each township shall 
see that the amount of poll-tax paid by white persons 
shall be applied exclusively to the maintenance of schools 
for white pupils, and that paid by colored persons exclu- 
sively for the mainteance of schools for colored pupils. 

3609. Amount due each county apportioned and certified 
to auditor. — The superintendent of education shall by 
the tenth day of October in each year, or as soon there- 
after as practicable, apportion to every county the 
amount of school money such county will be entitled to 
receive for the scholastic year from all sources except 
such special tax, if any, levied for school purposes in 
any county ; and he shall certify the same to the audi- 
tor. 

3610. County superintendents shall make pay-rolls . — On 
the fifteenth days of March, June, September and De- 
cember of each year, the county superintendents of ed- 



29 

iication shall make in duplicate, for each race separately, 
a pay- roll, showing the names of all teachers engaged 
in teaching public schools in their counties, with their 
postoffice address, and the estimated amount that will 
be due to each teacher at the end of the current quarter 
from the funds of each *-ownsliip and range in its regu- 
lar numerical order ; and shall append thereto an affida- 
vit that the same is correct. One of such duplicate pay- 
rolls shall be retained by ihe county superintendent, and 
the other he shall forthwith forward to the superinten- 
dent of education, who shall examine the same, and if 
found correct, it shall be approved by him and filed with 
the auditor. 

3611. Auditor shall draio warrant in favor of covidy 
superintendent. — The auditor shall, immediately upon 
the receipt of such pay-roll, draw a warrant on the State 
treasurer in favor of the county superintCiident of eacli 
county for a sum which will be equivalent to the amount 
estimated to be due on said pay-roll, and four per cen- 
tum thereon, and shall file said warrant, together with 
the pay-roll upon which it is based, with the treasurer, 
whereupon it shall be the duty of the treasurer to for- 
ward by express or exchange, at the expense of the State, 
the amount of such warrant, and the pay-roll and du- 
plicate receipts for said sum, including the express 
charge or exchange premium, if any. The county su- 
perintendent of education must immediately upon re- 
ceipt of said sum, sign the duplicate receipts and return 
one to the treasurer, who shall attach it to the appropri- 
ate warrant, and the other shall be returned to the au- 
ditor . 

3612. Teachers paid and receipts taken. — Immediately 
upon the receipt by the county superintendent of the 
amount of the quarterly or monthly pay-roll, he shall 
pay the teachers, taking their receipt? therefor on both 



30 

copies of said pay-roll, and must by the fifteenth day of 
January, April, July and October, return one copy of 
such receipted pay-roll to the superintendent of educa- 
tion. 

3613. Auditor must prepare blanks. — The auditor must 
prepare the necessary blank pay-rolls, receipts and war- 
rants to be used in carrying out the provisions of this 
article. 

3614. Where teachers are paid monthly. — In those 
counties and separate school districts where teachers are 
required by law to be paid monthly, it shall be the duty 
of the county superintendent, or the superintendent of 
the separate school district, as the case may be, to make 
out and forward to the superintendent of education on 
the twentieth day of every month, a pay-roll as provided 
in this article, and the superintendent of education, the 
auditor and the treasurer shall each, severally, perform 
all the acts and duties required of them in this article 
as in other cases. 

8615. Balance in hands of county superintendent charged 
to him. — Upon the return of the receipted pay-roll to the 
superintendent of education, if it should appear that 
there is a balance in the hands of the county superin- 
tendent, the amount of such balance shall be charged to 
him and shall be deducted from the amount of the next 
quarterly or monthly pay-roll. 

3816. County superintendent failing must be removed. 
Any county superintendent, or superintendent of any 
separate school district, who fails to make and return 
any pay-roll required by this article, or who fails to sign 
and return the receipts herein provided for, or who fails 
to pay the teachers within fifteen days after the receipt 
by him of the money, or who fails to return the receipted 
pay-roll, must be removed from office by the superin- 
tendent of education. 



31 

3617. Apportionment and expenditure of local school 
money. — All local school funds, raised for the support of 
public schools, by taxation or otherwise, shall be appor- 
tioned and expended in the district or districts in and for 
which the same were raised, under such rules and reg- 
ulations as the township trustees, or other local author- 
ity provided by law, may prescribe ; but this section 
shall not be construed to repeal any provision for the 
apportionment and disbursement of the moneys men- 
tioned in this chapter, or provided for in special or local 
laws ; and all funds contributed by private parties, or 
otherwise, to such district shall be applied as indicated 
in the grant from such contributors ; and no school 
moneys, distributed to the various counties from the 
State school revenue shall, either directly or indirectly, 
be paid for the erection of schoolhouses, for the use of 
schoolroom furniture, or any other contingent expenses 
of schools. 

3618. Apportionment of income from trust fund when 
township divided. — Whenever a township, which has an 
income from a trust fund, is divided by a State or county 
line, or otherwise, into separate districts, or includes a 
city which is a separate school district, such income 
must be divided between, and apportioned to each school 
district in such township according to the school popu-, 
lation of each. 

3619. Funds unused for two years apportioned hy county 
superintendent. — The county superintendent of education 
shall, in the same manner as the superintendent of ed- 
ucation is required to apportion the general school fund, 
apportion among the school districts under his supervision 
all funds received by him for any particular school district 
or race, which have remained unused by such district or 
race for two years ; and hfi shall make report of such ap- 



32 

porbionment to the superintendent of education as soon 
therefter as practicable. 

3620. Fund once apportioned, not used for other pur- 
poses until reapportioned. — Funds which have accrued aud 
have been apportioned to any district or race, shall not 
be used for the benefit of any other district or race, un- 
til the same shall have reverted to the general fund, and 
been reapportioned under the provisions of the last pre- 
ceding section. 

3621 . What part of income new districts are entitled to . — 
Whenever any separate school district is created, which 
shall embrace parts of two or more townships, such dis- ' 
trict shall receive its proportionate share of the income 
from any trust fund belonging to either or both of such 
townships, according to its school population. 

3622. Contingent fund for dejjartment of education.- — 
The State treasurer shall annually set apart, out of any 
money in the treasury not otherwise appropriated, the 
sum of one thousand dollars, as a contingent fund for 
the department of education ; and whenever it shallL 
become necessary to draw on such fund, the superinten- 
dent of education shall certify the amount necessary, ajxdi 
for what purpose, to the auditor, who shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of education shall keep an accurate account of 
all sums which he shall certify to be paid out of such 
eontingent fund, and shall furnish an itemized state- 
ment thereof to the governor each year, with his annual 
report. 

3623. Unexpended part of such fund credited to nesst 
year. — At the close of each scholastic year, any part of" 
the appropriation for the educational contingent fund, 
which may not be then expended, shall be carried for- 
ward by the auditor and superintendent of education, . 
and placed to the credit of, and become a part of the one 



33 

thousand dollars appropriaied for the educational con- 
tingent fund of the next succeedincj year. 



Article 10. 
township corporations. 



364 Incorporation of townships. — The inhabitants of 
each township in the State are incorporated by the 

name of ' 'Township , in range , " according 

to the number of the surveys of the United States. 



Article 11. 
school lands ; lease and sale. 

3625. What are school lands, and in whom vested. — 
School lands, within'the meaning of this code, are sec- 
tions numbered sixteen, in every township, granted by 
the United States for the use of schools in the town- 
ship, and such other lands sb may have been granted to 
to any township for the use of schools ; and all school 
lands are vested in the State, in trust to execute the ob- 
jects of the grant. 

3626. Timber lots reserved. — The township trustees, 
after the surveys and plats provided for in this article, 
may select such lots as they think proper, to reserve 
from cultivation for the benefit of the timber thereon, and 
must mark the same "reserved" on the plat thereof. 

3627. Other lands leased; terms of lease. — The town- 
ship trustees may lease for not exceeding five years, the 
lots so laid out and not reserved, and may stipulate for 

3 



34 

such improvements as they may deem expedient, and 
may require, if they think proper, security for rents and 
improvements, the rent is to be paid annually, but in 
case of improvements, they may stipulate for the rent 
to commence after the commencement of the lease. 

3628. Rent payable to the township . — All notes, bonds 
and contracts for the lease of school lands are to be 
made payable to the township by its corporate name. 

3626, Lands rented at public auction; notice. — All 
school lands must be leased, at some place in the 
township at public auction ; and at least six weeks' 
previous notice must be given by advertisement at three 
public places in the township, designating the time and 
place ; and such other notice may be given as the town- 
ship trustees may deem expedient. 

3630, Duties of lessee. — The lessee is bound to treat the 
land, houses and improvements in a careful anhusband- 
manlike manner ; to commit no waste ; and he must 
comply with such further restrictions as the township 
trustees may deem expedient to insert in the lease ; 
and if such lessee, or any person claiming under him, 
commits waste, or fails to pay the rent, or to comply 
with any other stipulation in the lease, the township 
trustees have the right to declare the lease forfeited. 

3631. Timber lots; how used. — The lots reserved for 
timber are for the common benefit of the lessees of the 
other lots; but no timber must be cut down, injured, 
or destroyed, as long as there is sufficient on the other 
lots, which the township trustees are to determine ; 
.and the lessees must, in no case, cut down, injure or 
destroy such timber without permission from the town- 
ship trustees, which may be given on such terms as 
tLey may think proper, having due regard for the inter- 
est of the township. 

8632. Penalty for injuries to timber. — Any person who, 



35 

without authority, cuts down, injures, or destroys any 
tree on school lands, shall forfeit and pay for every such 
tree ten dollars, to be recovered before any court having 
jurisdiction, in the corporate name of the township. 

3633. Fines paid into treasury for school fund. — All 
fines and forfeitures under the preceding section shall 
be paid into the State treasury, and added to the prin- 
cipal of the school fund of the township. 

3634. Report of income from school lands. — When any 
part of the sixteenth section or other school lands in any 
township has been rented or leased, it shall be the duty of 
the township trustees to report at once to the county super- 
intendent in writing a description of the lands, to whom 
rented or leased, the time when due and how the j ay- 
ment is secured. It shall be the> duty of the county 
superintendent, as soon as this report is received by him, 
to file the same in his ofiice, and to report to the super- 
intendent of education all the facts contained in the re- 
port of the township trustees. It shall be the duty of 
the township trustees when money is paid to them on 
such rentings or leases to report at once the amount, and 
on what account paid, to the county superintendent, 
whose duty it shall be to report the same to the superin- 
tendent of education, being careful to give the number 
of the township and range and for what year the rental 
or lease money was paid. 

3635. Election as to sale of school lands. — The town- 
ship trustees of any township may, on giving twenty 
days' notice by advertisement at three of the most public 
places therein, hold an election to ascertain the sense of 
the township respecting the sale of school lands belong- 
ing thereto, and may appoint the place where such elec- 
tion is to be held ; and three inspectors to manage the 
same. 

[Tankersly v. State Bank, 6 Ala. 277.] 



36 

3636. Oath of inspectors of election. — The inspectors, 
before holding such election, must take an oath to con- 
duct the same fairly, which may be administered by one 
to the other ; and they ma} ippoint clerks. 

3637. Absence of inspectors. — If any inspectors are 
absent, those present may supply their places, and if 
none attend, any three freeholders or householders of 
the township may act. 

3638. Polls. — The polls are to be opened at eleven in 
the morning and closed at five in the afternoon. 

3639 . Manner of voting . —Voters may prepare their 
own ballots, notwithstanding any general law to the 
contrary, and must write thereon "Sale" or "No sale," 
and deposit them in the ballot-box ; and the inspectors,, 
after ascertaining the result, must certify the same to 
the township trustees, who must declare the result. 

3640. If majority for sale, survey made, and minimum 
price fixed. — li, on such election, a majority of the legally 
qualified voters of the township, voting thereat, are in 
favor of a sale, the township trustees must have the lands 
surveyed and divided into lots so as to command the- 
highest price, have a plat of such survey made, and, 
being sworn to fairly value such lots, fix a minimum 
price upon each. 

3641. Plat to he kept open to inspection. — Such plat, 
with the minimum price marked upon each lot, is to be 
kept by the township trustees open to the inspection of 
all persons desiring to examine the same. 

3642. Notice of sale. — As soon as the lands are sur- 
veyed, the township trustees must give thirty days' 
notice of the time and place of sale by advertisement at 
three public places in the township and in such other 
mode as they may think proper. 

3643. Sale at public auction; terms of sale. — On the 
day appointed for the sale, between the hours of eleven 



37 

in the morning and two in the afternoon, each lot must 
be offered separately, and sold at public auction to the 
highest bidder at or above the minimum price. If such 
minimum price is fifty dollars, or under, the sale must 
be for cash ; if the minimun price is over fifty dollars, 
but not more th^n one hundred and fifty dollars, the 
sale must be on a credit of one year, unless the amount 
bid for the lands should exceed one hundred and fifty 
•dollars, in which event the sale must be on a credit of 
one and two years, in equal annual installments ; if the 
minimum price, or the amount bid for the lands, is one 
hundred and fifty dollars, or over, but less than three 
hundred dollars, the sale must be on a credit of one and 
two years, in equal annual installments ; if the mini- 
mum price, or the amount bid for the lands is over three 
hundred dollars, but less than five hundred dollars, the 
sale must be on a credit of one, two, and three years, in 
■equal annual installments ; and if the minimum price, 
or the amount bid for the lands, is five hundred dollars, 
or more, the sale must be on a credit of one, two, three, 
and four years, in equal annual installments when the sale 
is on a credit, the purchaser must give his notes, with two 
or more sureties, approved by the township trustees, pay- 
able to the State of Alabama, for the use of the town- 
ship, designating it by its number and range, and speci- 
fying, by the legal subdivisions, the particular portion 
or portions of the section for which the notes are given. 
All notes for purchase of school lands, sold under the 
provisions of this article, must bear interest at the rate 
of eight per cent, per annum from date. 

3644. Provisions directory. — The provisions of this 
article, in relation to the sale of school lands, must be 
construed as directory only. 

3645. Report of sale, disposition of purchase money and 
notes. — The township trustees, within twenty days after 



38 

such sale, must make return thereof to the superinten- 
dent of education, specifying the date of the sale, the 
names of the purchasers, the quantity and a particular 
description of the land sold to each, the price paid, or to 
be paid, by each purchaser, and the amount of the pur- 
chase money retained to defray the expenses of the sur- 
vey and sale ; and they must, at the same time, pay over 
to the superintendent of education all the money which 
may have been received by them as purchase money for 
such lands, after deducting, such amount as they may be 
allowed by law to retain to defray the expenses of the 
survey and mle; and also, at the same time, turn over to 
the superintendent of education all notes which may have 
been taken by them for such lands ; and the superinten- 
dent of education must give them a receipt for such 
money and notes, and file the return and notes in his 
office, and make proper record of the notes. 

3646. Resale of lands. — If any purchaser fails to make 
the payment, or to give his notes with approved sureties, 
as required, the land bid off by him must be immediately 
resold, if practicable, but if it is not practicable to make 
the resale at once, it must be advertised and resold at a 
future day, as if no sale had been made ; and the first 
purchaser shall be responsible for the difference between 
his bid and the amount for which the land is subse- 
quently sold, if such amount is less than the bid of such 
first purchaser. 

3G47. Certificate of purchase. — The township trustees 
on receiving from the purchaser the cash payment, and 
his notes for the deferred payments, must give to him a 
certificate of purchase, describing the land purchased, 
and showing the number of acres, and the amount of the 
purchase money. 

3648. Effect of certificate of purchase. — Such certificate 
conveys to the purchaser, his heirs, or assigns, a condi- 



39 

tional estate in fee, to become absolute on the payment 
of the purchase money and interest, and to revert to the 
State for the uses originally granted in the following 
cases : 

1. When all the notes have become due, and the 
makers have left the State, or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, 
and execution has been returned "no property" by the 
proper officers of the county in w'fiich the township lies ; 
or when judgment is had, and execution returned against 
any one or more of such makers "no property," and the 
others have left the State, or died insolvent. 

3649. Eevesting of title; cleric to c&rtify facts ; penalty 
for failure; costs. — No proceeding is necessary to revest 
the title in the State on the happening of the events 
spe.cified in the preceding section, but such lands maybe 
recovered in the name of the State, for the use of the 
township, against any person in possession of the same, 
upon proof of the facts ; and it is the duty of the clerk 
of the court in which the suit was pending, or the judg- 
ment recovered, to certify the facts to the superintendent 
of education, on the happening of the events specified in 
the second and third subdivisions of the preceding sec- 
tion, and failing to do so within a reasonable time, he 
forfeits the sum of one hundred dollars ; one-half to the 
persons suing for the same, and the other to the State 
for the use of the township. When no money is recov- 
ered in suits on notes for purchase money of school 
lands, no costs must be taxed against the township for 
such suits. 

3650. Compensation to township trustees ; penalty for 
certain defaults. — For holding the election and making 
the sale as provided in this article, the township trustees 



shall be entitled to two dollars each, which, together 
with the amount which niay be allowed by law to the 
county surveyor for making the surveys and plats herein 
provided for, shall be retained by them out of the pur- 
chase mo-iey for the lands ; and purchasers shall, in all 
cases, pay enough cash to defray such expenses ; and if 
the township trustees fail to return the sale, or purchase 
money notes, or to pay over the money received on ac- 
count of purchase money, to the superintendent of educa- 
tion, as required by law, he shall forfeit one hundred 
dollars, one-half to the person suing for the same, and 
the other to the State for the use of the township ; and 
on the trial, the certificate of the superintendent as to 
such failure is presumptive evidence thereof. 

3651. Fines go to school fund. — The amount received 
by the State upon recoveries, had under the last two pre- 
ceding sections, is to be added to the principal of the 
school fund of the township. 

3652. Patent. — A patent issues, on the payment of the 
purchase money, to the purchaser, his heirs, or assigns; 
and when the patent is to the heirs, it vests a title in all 
persons entitled to claim in that capacity under the pro- 
visions of this code. 

3653. Issue of patent by secretary of State ; correction of 
mistake — The secretary of State must issue patents, upon 
satisfactory evidence furnished him of full payment of 
purchase money, to any person, agent, or officer, legally 
authorized to receive such payment ; and upon proof of a 
mistake in the issue of any patent, he must correct the 
same, or issue a new patent on the return of the original 
to his oflBce. 

3654. Issue of patents in other cases. — Except under 
the provisions of the preceding section, no patent must 
issue without the certificate of the superintendent of 
education that the whole amount of the purchase money 



41 

specified in the certificate, with all interest thereon, has 
been paid. 

3655. Collediou of past-due notes.— All notes for 
school lands deposited with the superintendent of edu- 
cation, if not paid within six months after maturity, 
must be placed with the attorney general for collection ; 
but this section shall not be so construed as to prevent 
the superintendent of education from ordering suit on 
notes at any time after maturity, when so ordered by 
the township trustees, or the sureties on the notes. 

3656. Appointment of agents for collection of notes. 
The attorney general may appoint agents for the collec- 
tion of such notes, being responsible for any neglect on 
the part of such agents. 

3657. Township credited ivith collections on notes. — All 
collections on notes given for the sale of school lands 
must be paid into the treasury of the State, to the credit 
of the proper township. 

3658. Proceeds of school lands covered into treasury; 
faith and credit of State pledged for payment of interest. 
All funds now in the State treasury derived from the 
sale of sixteenth section or other school lands, or yvhich 
may hereafter accrue from sales of such lands, together 
with the redemption money of other lands in which 
former accumulations have been invested under an act 
approved March 1, 1881, entitled "An act to authorize 
the compromise and settlement of claims for school 
lands in this State," are covered into the State treasury 
and made available for general purposes ; and the faith 
and credit of the State is pledged for the payment of the 
interest on such fund to the public schools of the State, 
at the rate of six per cent, per annum. 

3659. Bonds when lands about to be sold or leased. 

When any township trustees are about to sell or lease 
.any school lands, they must give bond with sufiicient 



42 

sureties, payable to the State, in a sum to be fixed by 
the county superintendent of education, equal to the 
value of the school lands or the amount of the school 
funds of their township, and with condition to discharge 
their duties faithfully so long as they may continue in 
office or discharge the duties thereof, which bond must 
be approved by the county superintendent of education 
and by him filed in his office, 

3660. By whom duties as to lands performed when town- 
ship divided. — When a township is divided into two or 
more school districts the county superintendent of educa- 
tion, in appointing township trustees in such township, 
shall designate which of them shall discharge the duties 
and exercise the powers conferred upon township trus- 
tess touching the leasing, selling and control of school 
lands in each school district. 



Article XII. 

LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 

3661. Sale of school indemnity lands authorized. — The 
superintendent of education is authorized and empow- 
ered to sell and dispose of all the lands which have been 
heretofore or may hereafter be certified to the State for 
the use and benefit of the several townships in which 
there was a deficiency in the amount of land originally 
certified to the State for their benefit, subject to the ap- 
proval of the governor. 

3662. Proceeds of sale ; how disposed of. — The pro- 
ceeds arising from such sales, after the payment of alt 
proper costs and expenses thereof, shall be, by the super- 
intendent of education paid into the State treasury to- 



43 

the credit of the townships to which the same may be- 
long, in the proportion of their interest therein. 

3663. Notes taken by superintendent of education held 
until paid; when placed with the attorney general. — All 
notes taken by the superintendent of education for the 
purchase of such lands must be held by him until the 
same are due, and if not then paid, may be placed with 
the attorney general for collection. 

3664. Manner and terms of saZe.— ^Such sales may be 
made from time to time, at public or private sale, as in 
the judgment of the superintendent of education shall 
best promote the interest of the school fund of the State, 
and shall be for cash, or part cash and part on time, as 
the superintendent of education and the governor may 
deem best ; but in no case shall there be less than one- 
fourth of the purchase money paid in cash, and the re- 
mainder shall be payable in yearly installments to ex- 
tend over a period of noo more than three years, and 
shall be secured by notes with sureties to be approved 
by ihe superintendent of education and shall bear inter- 
est from the date of the sale. 

3665. Lease of school indemnity lands. — The superin- 
tendent of education may, with the approval of the gov- 
ernor, lease out any of such lands for a term not exceed- 
ing live years, or may enter into contracts permitting 
persons to mine iron ore, coal or other minerals there- 
from, upon a royalty, for a term not exceeding twenty 
years ; and the net proceeds of all moneys received from 
the lease of such lands, or as a royalty for the minerals 
mined therefrom, shall at the end of each fiscal year be 
paid into the State treasury to the credit of the town- 
ships to which such lands belong, in the proportion of 
their interest therein. 

3666. Provisions applicable. — The provisions of the 
preceding article relating to trespasses upon school lands, 



44 



uesale^ certificate of purchase, revesting title, patent, 
and the collection and application of proceeds of sales, 
a^ply to sales under this article so far as applicable. 



LAWS NOT IN CODE OF 1896. 



An Act 



To establish a uniform system for the examination aM 
licensing of teachers of public schools. Approve! 
February 10, 1899 ; amended February 8, 1901. 

Section 1. Be it enacted by the general assembly <of 
Alabaw.a, That there shall be constituted a State board of 
examiners, to be composed of the superintendent of edu- 
cation, who shall be the president of the board, and tw@ 
other persons, to be appointed by him, who shall h® 
teachers of extensive experience and recognized ability. 
The term of office of said board shall be co-equal witk 
that of the superintendent of education. 

Sec. 2. (As amended). Be it further enacted, That 
the said State board of examiners shall meet during the 
months of November and May of each year and shall 
prepare questions for the examination of teachers. 

Sec. 3. (As amended) . Be it further enacted, Tliat 
the president of the State board of examiners shall cause 
lists of the questions so prepared to be printed, and 
shall, on or before the 15th day of December and June 
of each year send to each person appointed to conduct 
examinations in the counties of the State a sufficient jaum- 
ber of the lists of questions so prepared and printed for 
the conducting of the examinations in their respective 
counties as hereinafter provided ; that the questions s® 
sent shall be enclosed in a sealed envelope, on the back 
of which shall be plainly written or printed the words., 
"questions for the examination of teachers." The seal 
of said, envelope shall not be broken except as herein- 
after provided . 



46 

Sec. 4. (As amended) . Be it further ejiaded, That 
the first Mondays in January and July be appointed for 
the examination of teachers. The examination may be 
continued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion of 
the work of examination, but no examination shall be 
begun on any other day than the first day mentioned in 
this section. No examination shall be held at any 
other time. Provided, That the State board of examin- 
ers may hold, at the department of education in Mont- 
gomery, special examinations for the benefit of persons 
who are prevented from taking the regular examination 
by sickness, absence from the State, or other unavoid- 
able cause. Each person taking a special examination 
shall pay the state board of examiners a fee of five dol- 
lars. Special examinations shall be equal in all respects 
to the regular examination. Provided, further, that in 
order to accommodate normal school pupils who are re- 
quired by this act to take State examination, the state 
board of examiners may hold at such times and places 
as they may deem advisable an examination for these 
pupils, and at such examination the regular fees shall 
be paid by applicants, and no person not a bona fide 
matriculate of a normal school shall be admitted to the 
examination. 

Sec. 5. (As amended.) Be it further enacted, That 
the regular examination shall be conducted in each, 
county by the county superintendent of education of the 
same, unless for good and substantial reasons the said 
state board of examiners shall deem it best to select for 
this service another person appointed for that purpose 
by the state board of examiners, and if he shall be una- 
ble, by reason of sickness, or other unavoidable neces- 
sity to conduct the same, then by some other competent 
person appointed for that purpose by him. Said ex- 



47 

amination shall begin at 10 o'clock a. m., of the day 
appointed by section 4 of this act, at which hour the 
person appointed to conduct the examination, shall, in 
the presence of the applicants for the examination, break 
the seal of the envelope containing the lists of questions, 
and shall distribute the questions among the applicants. 
All the applicants shall undergo the examination in the 
same room, or in sight of the person appointed to con- 
duct the examination. Provided, that the provisions of 
this act referring to the special examination of normal 
school students shall apply only to those who had grad- 
uated prior to the passage of this act. 

Sec. 6. (As amended.) Be it further enacted, That 
each applicant for examination shall, before entering 
upon the examination, deposit with the person appointed 
to conduct the examination an examination fee as fol- 
lows : An applicant for a third grade certificate, a fee 
of one dollar ; an applicant for a second grade certificate, 
a fee of one and one-half dollars ; an applicant for a first 
grade certificate, a fee of two dollars ; an applicant for 
a life certificate, a fee of three dollars. The fees re- 
ceived from the examination of teachers at regular ex- 
aminations shall be paid into the State treasury to the 
credit of the educational fund, and the State auditor 
shall, on the requisition of the superintendent of educa- 
tion, issue warrants on the State treasurer to be paid 
out of the educational fund, for the purpose of carrying 
out the provisions of this act, such as the payment of 
expenses for postage, for expressage, for clerk hire, for 
state board of examiners only, for the per diem of the 
state board of examiners, for paying county conductors 
and for other incidental expenses incurred in carrying 
out the provisions of this act. The appointed members 
of the state board shall receive five dollars per day, in- 
cluding Sundays, for the time they are engaged in con- 



48 

ducting the examination of teachers under this act. The 
county superintendent or person appointed to conduct 
the examination in each county shall receive ten dollars 
for his services in conducting each examination. Pro- 
vided that as the available educational fund was appor- 
tioned October 1, 1903, an amount equal to the balance 
after deducting the expenses received from the examina- 
tion fees since March 1, 1899, shall be immediately 
available from the educational fund for the purpose of 
paying the expenses provided for in this act. 

Sec. 7. Be it further enacted, That teachers on ex- 
amination shall not be permitted to sit near enough to 
each other to read each other's papers, and no teacher 
on examination shall receive any assistance from any 
person, or by reference to any book, map, chart, or from 
any source, and no person shall be licensed to teach who 
shall endeavor to procure any such assistance. And 
each teacher so examined shall, upon the completion of 
his examination, sign a statement that he has not re- 
ceived any assistance in said examination from any- 
source; which statement shall be kept on file by the 
county superintendent of education. 

Sec. 8. (As amended.) Be it further enacted, That 
unless the applicant is known to the person appointed 
to conduct the examination to be of good moral char- 
acter, or shall make satisfactory proof of the same,, 
which proof shall be in writing, he shall not be admit- 
ted to the examination. Anyone who habitually uses 
profane language or intoxicants shall be deemed of im- 
moral character. 

Sec. 9, (As amended.) Be it further enacted, That 
there shall be three grades of teachers' certificates, be- 
sides the life certificate hereinafter provided, to be 
known as certificates of the first, second, and third 
grades, each of which must show the branches in which 



49 

the holder has been examined, hia relative attainments 
therein and his general average. In no case shall an 
applicant for a certificate receive the same who fails to 
answer fifty per cent, of the questions propounded in any 
branch and whose general average is below seventy-five 
per cent. Every teacher in the public school must ob- 
tain a certificate prior to his employment. 

Sec. 10. Be it further enacted, That applicant? for 
third grade certificates shall be examined in the follow- 
ing branches : Orthography, reading, penmanship^ 
grammar, practical arithmetic, through fractions, pri- 
mary geography, and the elementary principles of physi- 
ology and hygiene ; and applicants for second grade cer- 
tificates shall be examined in all the foregoing branches , 
and also in practical arithmetic, history of Alabama, 
history of the United States, English grammar and com- 
position, and intermediate geography, and applicants 
for first grade certificates shall be examined in ail the 
foregoing branches and also in algebra, natural philoso- 
phy, geometry, the schodl laws of Alabama, and thebpy 
and practice of teaching . 

Sec. 11. Be it fixfther enacted, iThat in all examiiia- 
tions under this act the answers shall be written on legal 
cap pape«r with pen and, ink. The subject or branch 
shall be plainly written at the top of the page, and the, 
answers shall be numbered to correspond with the 
questions . 

Sec. 12, (As amended.) Be it further enacted , That 
when an applicant shall h«i.ve completed his examination 
he shall write his name and address on each paper of the 
same, and deliver the same to the person appointed to 
conduct the examination, who shall enclose the paper* 
of each applicant, in a separate envelope, together with 
his certificate of good moral character of the applicant, 
or the written pr6of of the Saifievon which he admitted 

4 : ; , 



m 

the applicant to examination, and shall transmit the 
same to the secretary of the State Board of Examiners 
TBTithout delay. 

Sec. 13. Be it further enacted, That the State Board 
©f Examiners shall examine the papers coming to it 
under the provisions of the preceding section, as expe- 
ditiously as possible, and shall mark upon each paper 
the teacher's grade in that branch according to the cor- 
rectness or approximate correctness of the answers, and 
if, upon such examination, it appears that the applicant 
is entitled to receive a certificate, the secretary of the 
Board shall prepare a certificate in conformity with sec- 
tion 9 of this act. Said certificate shall be signed by 
the secretary of the State Board of Examiners and the 
Superintendent of Education, and shall be transmitted 
to the teacher entitled to the same. 

Sec. 14. (As amended.) Be it further enacted, That 
all examination papers shall be kept on file in the office 
©f the Superintendent of Education subject to public 
inspection for six months. That any person who pur- 
Joins, steals, buys, receives, sells, gives or offers to buy, 
give or sell any examinatioij questions or copies thereof 
before the date of the examination for which, they had 
been prepared, shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than one 
hundred dollars, and may also be sentenced to hard 
tabor for the county for not less than six months. 

Sec, 15. Be it further enacted, That certificates granted 
under the provisions of this act shall entitle their holder 
to teach in the public schools of any county in this State 
for the following periods of time : A third grade certi- 
ficate, two years ; a second grade certificate, four years : 
fUDid a first grade certificate, six years from the date of 
is^tannce of the same. 
r "Sec. 16. Be it further enacted, That np teacher shall, 



51 

■be granted either a third grade or a second grade certifi- 
<jate more than twice. 

Sec. 17. Be it further enacted^ That whenever any 
teacher applying for a certificate shall make proof that 
he has been engaged for ten years in teaching under first 
grade certificates, which proof the county superintend- 
ent of education shall transmit to the State Board of 
^Examiners, and shall show a high degree of proficiency 
and professional attainment, such teacher may be granted 
a life certificate, signed as prescribed for other certifi- 
cates ; Provided, that any teacher holding a life certi- 
ficate shall forfeit the same by leaving off the business 
of teaching for five consecutive years. 

Sec. 18. Be it further enacted, That the superintend- 
■ent of education shall have the power, and it is hereby 
made his duty to revoke the certificate of any teacher 
who shall be guilty of immoral conduct, or unbecoming 
or indecent behavior. 

Sec. 19. Be it further enacted, That the secretary of 
the State Board of Examiners is hereby required to keep 
a register of all the teachers examined and licensed un- 
der this act, showing the name, and postoffice address of 
oach teacher, and the date and grade of his certificate, 
and keep same on file in office of State Superintendent 
of Education. 

Sec, 20. (As amended.) Be it further enacted, That 
the provisions of this act as to the time of holding ex- 
;aminations shall not be effective till the first day oi 
April, 1901 ; provided, that the provisions of this act 
shall not be construed as to apply to separate school dis- 
tricts of two thousand inhabitants or more, having au- 
thority at present by their charters to examine their 
teachers . 

Sec. 21. (As amended.) Be it further enacted, That 
all laws and parts of laws, both general and special, ia 



52 

conflict with the' provisions of this act, are Lertby ms- 
pealed. 



KULESOFTHE STATE BOARD OF EXAMINERS. 



(Th€S€ rules are based on the attorney general's inter- 
pretation of the law.) 

First, Teachers in school districts having a popula- 
tion of two thousand or more, specially authorized to 
examine their teachers, are not subject to examination. 

Second. Teachers in State schools, acting under 
special charters giving exclusive control of such schools 
to their boards of trustees, are not subject to examina- 
tion, unless the schools shall receive township or district 
funds, in which case those who teach any of the common 
school branches and those who share in the distribution 
of the township or district funds shall procure a certifi- 
cate. 

Third. All teachers in the public schools of the State, 
regardless of diplomas held, except those exempted by 
Tttles 1 and 2, are subject to examination. 

Fourth. All teachers in the public schools of the 
State, whether principals or assistants, must hold cer- 
tificates at the time they begin teaching. Contracts 
conditioned on the teacher's procuring a certificate at a 
subsequent examination are illegal, and public funds 
paid under them will be charged to the county superin- 
tendent. 

Fifth. Applic";.nts for first or second grade certificates 
failing to make the necessary percentage to obtain a certifi- 
cate in the grade applied for, but making the requisite 
percentage in the branches required for a lower grade 
certificate, may be granted such lower grade certificate. 

Sixth, Teachers who procure a low grade certificate 
may apply for a higher grade certificate at any subse- 
quent 'examination ; but must take the full examination 



64 

of the grade for which they apply; Provided, thatr 
teachers who hold second grade certificates may apply 
for first grade by taking an examination in algebra,, 
geometry, physics, theory and practice of teaching, 
school laws of Alabama. In every instance the second 
grade certificate must b.) filed with the examination 
papers. 

Seventh. Applicants who were prevent8d from taking- 
the last regular examination on account of sickness, ab- 
sence from the state, or other unavoidable rause, may 
be allowed a special examination at Montgomery, for 
which a fee of five dollars is required. Application 
blanks for the special examination will be furnished by 
the department of education upon request. 

Eighth. Whenever there is evidence from the papers 
that applicants have been in communication or that as- 
sistance has been obtained from any source, the appli- 
cations of all parties concerned will be rejected. 

Ninth. Teachers who have taught ten years under a 
first grade certificate in Alabama, and who shall show a 
high degree of proficiency and professional attainment, 
may be granted a first grade certificate for life. The 
proof of time taught shall be furnished the State Board 
of Examiners, through the county superintendent, and 
may be made as follows : 

First. By exhibiting to the State Board of Examiners • 
their former licenses. 

Second. By certificate of any member of the examin- 
ing boards issuing said licenses 

Third. By certificates from the superintendents of the 
counties in which such licenses were issued. 

Fourth. By afiidavit from the applicant that he has 
held a first grade license for ten years. 

Fifth. In cases wlure, for any reason, the law has 
not been enforced, and the teacher was clearly entitled 



55 

to a first grade license under the law, such proof maybe 
made by the certificate of three reputable persons havisig 
knowledge of the facts. 

PROOF OF PROFICIENCY AND PROFESSIONAL ATTAINMENT, 

An applicant for a life certificate, as evidence of pro- 
ficiency and professional attainments, shall, at the time 
of the regular examination, through the county superim- 
tendent, furnish to the State board of examiners : 

First. A sketch not exceeding five hundred words hi. 
length, of his school work the last ten years. 

Second. A thesis on some subject pertaining to the 
theory and practice of teaching, not exceeding six hun- 
dred words in length. The subject for said thesis shall 
be assigned by the State board of examiners as questions 
are assigned to other applicants. 

Third. Testimonials from three educators of recog- 
nized standing that he has a good character, and has 
shown a high degree of proficiency and professional aP- 
tainment. 



INSTRUCTIONS REGARDING EXAMINATION 

LAW. 

Examinations will be held in each county of the State 
beginning on the first Monday in January and July and 
may continue three days. Examinations will be held at 
no other time. 

1. It is the duty of the State Board of Examiners to 
prepare questions and furnish them to county superin- 
tendents, to examine and grade the papers and to issue 
certificates to teachers . 

2. On the day set for the examination, the county 
superintendent shall at 10 o'clock a. m., in the presence 
of the applicants, break the seal of the package contain- 
ing the questions. He shall, unless some other person 
has been appointed by the State Board of Examiners, 
conduct the examination, unless he shall be unable to 
do so by reason of sickness or other unavoidable neces- 
sity, in which case the examination shall be conducted 
by some competent person appointed b}'^ him. All ap- 
plicants shall undergo the examination in the same room, 
or in sight of the superintendent or other person ap- 
pointed by him to conduct the examination. (Two 
rooms with connecting door or doors may be used) . The 
sum of ten dollars is allowed each county superinten- 
dent for conducting the examination. 

3. No applicant shall sit near enough to another to 
read his paper. No applicant that receives, gives or en- 
deavors to procure or give assistance directly or indi- 
rectly will be granted a certificate, and it is the duty 
of the county superintendent or other person appointed 
to conduct the examination to advise the State Board 
of Examiners if this rule is violated. 

4. Unless the applicant is known to the county su- 
perintendent of education to be of good moral character, 



57 

he shall make satisfactory proof of the same in writing 
and without such proof he shall not be admitted to ex- 
amination. Any one who habitually uses profane lan- 
guage or intoxicants is, by the law, deemed of immoral 
character. The proof submitted by the applicant or the 
county superintendent's certificate must accompany the 
examination report. 

5. When the examination is completed, each appli- 
cant shall sign a certificate that he has neither given nor 
received any assistance in the examination ; which state- 
ment shall be kept on file by the county superinten- 
dent. 

6. Answers must be written on legal cap paper with 
pen and ink. (All stationery to be furnished by the 
applicant.) That the paper in each county may be 
uniform in size, color, quality, etc., each county super- 
intendent is advised to procure a supply and furnish it 
to teachers at a reasonable price. 

The subject or branch must be plainly written at the 
top of the page, and each answer numbered to corres- 
pond with the question. On each paper of his exami- 
nation the applicant must wriie his name and address. 
When the examination is completed the county superin- 
tendent must immediately forward the papers to the 
secretary of the State Board of Examiners, at Montgom- 
ery. The papers of each applicant must be in a sepa- 
rate envelope and sealed, on which should be written his 
name, addeess and color. County superintendents will 
be allowed to deduct from fees received the amounts 
necessary to send papers to secretary of board. 

7. Applicants shall, before starting upon the exam- 
ination, deposit with the county superintendent or other 
person appointed to conduct the examination, fees as 
folllows : For third grade, one dollar ; for second grade, 
■one and one-half dollars ; for first grade, two dollars ; for 



58 

lite certificate, three dollars. The fees shall be paid 
into the state treasury to the credit of the public school 
fund. 

8. Four grades of certificates will be issued, viz: 
first, second, third and life. A third grade certificate i& 
good for two years ; a second for four years ; a first for 
six years ; a life for life . Third and second grade cer- 
tificates will be issued to the same teacher but twice. 
Life certificates will be issued under rule 8. 

9. Applicants for third grade certificates will be ex- 
amined on the following branches : Orthography, read- 
ing, penmanship, grammar, practical arithmetic through 
fractions, primary geography, and the elementary prin- 
ciples of physiology and hygiene ; applicants for second 
grade certificates will be examined in all the foregoing 
branches, and also in practical arithmetic, history of 
Alabama, history of the United States, English gram- 
mar and composition, and intermediate geography; ap- 
plicants for first grade certificates will be examined in 
all the foregoing branches, and also in algebra, natural 
philosophy, plane geometry, school laws of Alabama,, 
and the theory and practice of teaching. 

10. The examination in penmanship will be of such 
a nature that a teacl.er who is familiar with any system 
can take it. 

11. Letters or papers of any other character should 
not be enclosed with answer papers. 

12. Applicants who are absent at the beginning of 
the examination must not be admitted to the examina- 
tion. 

13. Superintendents shall distribute questions on a 
given subject to all applicants at the same time, and no 
other questions shall be distributed until all who are 
answering these questions shall have completed and 
turned in their papers. For instance, the third grade- 



59 

orthography papers will be distributed, and no other 
third grade questions will be distributed until all third 
grade applicants have completed orthography. So with 
the other grades. Superintendents can set the time te 
be allowed for each subject. This schedule must be s® 
arranged, however, that the eniire examination can b© 
completed in two or three days. If an applicant absents 
himself from the room before any subject is completed 
he will hand in his paper on that subject, which will b® 
his examination. 

14. No question prescribed by the State Board of Ex- 
aminers shall be set aside, nor shall queries regarding 
the interpretation of questions be answered by the county 
superintendent or examiner. 

15. In case the county superintendent wishes to take 
the examination, he will appoint some other competent 
person to conduct the examination, and this person s© 
appointed shall have all the powers and duties of the 
county superintendent as to collecting fees, papers, etc., 
and returning the answer papers to the secretary of the 
State Board of Examiners. It is suggested whenever a 
county superintendent takes the examination, either for 
a grade or life certificate, that he have nothing to d© 
with the papers, but that he turn the matter over en- 
tirely to the person he appoints to conduct the exami- 
nation. 

16. The Board of Examiners suggests that white and 
colored tet^chers be examined in separate rooms, with 
connecting doors, if possible. 

17. It will he necessary in a majority of counties for 
the couiity superintendent to procure a room with desks 
for the purposes of examination. The school buildings 
or other suitable places can be easily obtained for this 
purpose. 

18 . County superintendents will send to the secretary ot 



the State Board of Examiners the names of all teachers in 
separate school districts who are exempt from examina- 
tion under rule 1 of the State Board of Examiners, where 
these districts draw their funds through them. 

19. Under the law assistants as well as principals 
will have to procure certificates, and county superin- 
Isen-dents are urged to see that no principal draws public 
money unless all his assistants who teach common 
school branches have certificates. This department will 
not approve pay rolls for principals unless the names of 
their assistants are on the register on file in the depart- 
ment of education. 

20. County superintendents will give notice through 
the the county press, or in some other way, of the time 
and place at which the examinations will be had. 

21. When the examinations are completed county 
superintendents or other persons appointed to conduct 
the examinations will certify to this department the 
lengch of time consumed in the examination, which, in 
no case, can be more than three days, and auditor's war- 
rants will be mailed for the amounts due them. 

22. If it should happen that not enough papers on 
any subject have been sent, county superintendents, or 
other persons appointed to conduct the examinations, 
will allow the papers to be passed among the appli- 
sants. 

STATE BOARD OF EXAMINERS : 

John W. Abercrombie, President, 
John L. Dodson, Secretary, 
G. W. Brock, Member. 



An Act 

To fix the minimum length of the term of the free pub- 
lic schools in the State of Alabama. 

Section 1 . Be it enacted by the General Assembly of 
Alabama, That the free public schools of the State shall 
be kept open absolutely free of tuition fee to those en- 
titled to share in the distribution of the common school 
fund, for a period of at least five scholastic months ia 
each scholastic year. 

Sec. 2. Be it further enacted, That it shall be unlaw- 
ful for any township or district trustee to make or any 
county superintendent of education to approve a con- 
tract for a less period than five months, provided that 
contracts for unexpired terms may be made for a less 
period ; provided, that where it is found absolutely im- 
practicable to make the term five months, trustees may, 
with the consent of the county superintendent and the 
approval of the State Superintendent of Education, mak© 
the term for not less than four scholastic months. 

Sec. 3. Be it further enacted, That the object of this 
act is to set the mlniimum length of the term for which 
a contract to teach the free public schools of the State 
can be made, and it shall be the duty of trustees and 
county superintendents to make the term longer when- 
ever and wherever it is possible. 

Sec. 4. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 

Approved March 5, 1901. 



An Act 

To repeal section 3586 of the code of Alabama, and to- 
require holders of diplomas or certificates of pro- 



62 

ficiency from the State Normal Schools and Col- 
leges, or from other schools and colleges, to undergo 
the State examination for license to teach in the 
public schools before teaching in the public schools 
of the State of Alabama. 

Section 1. Be it enacted by the General Assembly of 
Alabama, That on and after the passage of this act 8-;c- 
lion 3586 of the code of Alabama be and the same is 
lereby repealed. 

Sec. 2. Be it further enacted, That all holders of di- 
flomas or certificates of proficiency from the Alabama 
State Normal Schools or Colleges, or from other schools 
and colleges, must undergo successfully the regular State 
®xami nation for teachers in the public schools before 
teaching the same. 

Sec. 3. Be it further enacted, That all laws and parts 
&{ laws and special laws in conflict with this act, be and 
^he same are hereby repealed. 

An Act 
To amend section 3602 of the code of Alabaij:a. 

Section 1. Be it enacted by the General Assembly 
®f Alabama, that : 

Section 3602 of the code of Alabama be amended so aa 
lo read as follows: "3602. Contingent expenses and 
amount for normal schools set apart; residue appor- 
tioned. As soon as such certificate is received by the 
superintendent of education, he shall set apart out of 
the general fund a sufficient amount to pay such expenses, 
of the department of education as are by law payable 
out of such fund, and also the following amounts for 
Mie normal schools : Florence normal school, Jackson- 
Tille normal school, Livingston normal school, and Troy 



63 

normal school, $7,500 each, per annum, and for the 
other normal schools such sums as are provided by 
law ; and he shall then apportion all the balance of such 
fund, as nearly as practicable, among the several town- 
ships and school districts in the State, as hereinafter 
provided for." 

Sec. 2. Be it further enacted. That all laws and parts 
of laws in conflict with this act be and the same are 
hereby repealed. 

Approved Dec. 6, 1900. 

FORMS TO BE USED IN THE SALE OR LEASE 
OF SIXTEENTH SECTION LANDS. 

[No. 1.] 

NOTE GIVEN BY PURCHASER OP SCHOOL LANDS. 



year after date, we or either of us, prom- 
ise to pay to the State of Alabama, for the use of town- 
ship , range ......... in county, the 

sum of dollars, with interest from date at 

eight per cent, per annum, for the purchase of 

(specify legal subdivisions) ^ of section 

sixteen of said township. 

Witness our hands and seals , this day of 

A. D. 19.. 

[Seal.] 

[Seal.] 

[Seal.] 

Approved this ) 

day of 190.. ) 



Township Trustees Public Schools, 



64 

[No. 2. J 
certificate op purchase op school lands. 
The State of Alabama, 
County. 

A. D. 190.. 

The undersigned, township trustees of public schools 

in and for township , range , in 

said county, hereby certify that on the. . . . day of 

A. D. 190. ., they proceeded to sell at public outcry (all 
the preliminary requisites of the law in reference to such 

sale having been complied with, Lot No , being 

the the northeast quarter of northwest quarter 

of section sixteen, in said township, containing 

acres, and at said sale being the 

highest bidder, became the purchaser of said tract, and 

for the sum of dollars, for which he gave 

his several notes , each for .............. dollars- 

with interest from date of said sale, with 

and . . . • as his sureties. 



Township Trustees Public Schools. 
[No. 3.J 

REPORT OF SALE OF SCHOOL LANDS. 

To 

Superintendent of Education 

for the State of Alabama. 
The undersigned, Township Trustees of public schools 
in and for township . . . . , range . . . . , county,. 



65 

Alabama, respectfully represent and report that on the 

day of 190 . . . . , they proceeded 

to sell at public outcry (all the preliminary requisites of 
the law in reference to such sale having been complied 

with) Lot No being the (the northeast 

quarter of northwest quarter of, as the case may be) sec- 
tion sixteen, in said township, containing 

acres ; that at said sale ...,,.. ..,,.,.. 

being the highest bidder, became the purchaser of said: 

tract, at and for the sum of dollars 

(•jaid sum being at or above the minimum price fixed on 

said tract) for which he gave his several notes, 

each for. dollars, with interest from 

date of sale at eight per cent, per annum, with. 

and 

as his sureties. That said paid in 

cash the sum of .dollars. The under- 
signed retain the sum of .dollars from 

such cash payment to defray the expenses of the survey 

and sale of said lands, and the balance, to-wit : 

. . . . : . . . . . . '".■'. . . . . . . .dollars, together with said notea 

above described, is herewith enclosed. 

All of which is respectfully submitted. 

This day of 190 



Township Trustees Public Schools. 
[No. 4.] 

bond to be given by township trustees about to sei.l. 

or lease school lands. 
The State op Alabama, ) 



.County. ) 

Know all men by these presents, That we 



66 



are held and firmly 

bound unto the State of Alabama in the sum of 

dollars, for the payment of 

which well and truly to be made, we bind ourselves and 
each of us, our and each of our heirs, executors and ad- 
ministrators, jointly and severally, firmly by these pres- 
ents. Sealed with our seals, and dated this ...... .day 

of .....A.D. 190.... 

The condition of the above obligation is such that 

whereas, the above bound were, on 

the day of 190 . . , appointed Town- 
ship Trustees of public schools, in and for township. . .. 

range in said county ; and whereas, the said 

as such township trustees of pub- 
lic schools, are about to sell (or lease) school lands of 
said township. 

Now, if the said as such 

township trustees of public schools, shall discharge their 
duty faithfully, so long as they may continue in oflEice, 
or continueto discharge any of such duties, then this ob- 
ligation to be void — otherwise to remain in full force. 

'"Seal. 

'Seal; 

"Seal. 

Seal. 

"Seal. 

Seal. 
D.190. 



Taken and approved this .... day of A. 



Co. Sup't Education. 
[No. 5.] 
l:e:ase of school lands. 
The S^ate of Alabama, 



County. 

TM» agreement, made this. .... .day of, 



67 

-A. D . 190 , . . . between and 

<. , township trustees of 

public schools in and for township , range . . . . , in 

said county, and. , witnesseth, 

that in consideration of dollars, to 

be paid by said to the town- 
ship trustees of public schools for said township, on the 

day of A . D . 190 . . . . , and each year 

thereafter during the continuance of the lease, for which 

the said has given his several promissory 

notes payable as aforesaid, and bearing even date with 
this instrument, the said township trustees have granted 
demised, leased, and to farm let, unto the said. ........ 

, his representatives and assigns, 

section sixteen (or southeast quarter of southwest quar- 
ter of section sixteen, as the case may be) , in said town- 
ship, in said county and State ; to have and to hold unto 
the said. , his representatives and as- 
signs, for the term of (not exceeding five) 

years, from the dgiy of .190. . . The 

said agrees to deliver up the 

premises aforesaid with the appurtenances, on the last 
day of the term, or other earlier termination of the estate 
hereby granted, to the said township trustees or their 
successors in office. In witness whereof, the said par- 
ties have hereunto set their hands and seals the day and 
year above written. 
Attest : 

[Seal.] 

.....[Seal.] 

[Seal.] 

[Seal 1 

Township Trustees. 



GENERAL PROVISIONS. 



SECTION. 

Appropriation for public schools 3539 

Appropriations when, accrue, and placed to credit 

of educational fund 3540 

General designation of officers for administration 

of public schools 3541 

Normal Schools ; amount for support of, set apart 

out of educational fund 3602 

Public schools ; appropriation for 3559 

Officers for administration of, gen- 
eral designation of 3541 

Scholastic periods what, are 359S 

School fund ; when appropriations accrue, and 

placed to the credit of 3540 

SUPERINTENDENT OF EDUCATION. 

Alcoholic drinks, etc., shall make provisions for 
instructing people as to effect of, upon hu- 
man system Subd. 3, 3546 

Biennial reports to be made by, to governor ; con- 
tents of 3547 

printed and distributed. . . 3548 
Bond of ; by whom approved, etc. ; where filed... 8543 
Books of county superintendent subject to exami- 
nation by superintendent 3558 

Clerks, authorized to employ ; salaries of 3545 

Constitutions, State and Federal, shall make pro- 
visions for instructing pupils in — Subd. 4, 3546 



69 
SUPERINTENDENT OF EDUCATION.— Continued. 

County superintendent, may remove, when 3551 

require new or addi- 
tional bond of ; ef- 
fect of notice to 

give 3554 

fixes and approves bond 

of 3552, 3553 

shall fill vacancy in office 

of ; term of appointee . . . 3559 
books and accounts of, sub- 
ject to examination by. . 3558 

Duties of, generally 3546 

as to apportionment and disbursement 

of school funds 3601-3623 

and powers of, as to sale and lease of 

school indemnity lands 3661-3666 

Enumeration, new, of children, when may order ; 

expense of, how paid 3574 

Fixes amount of, and approves bond of county 

superintendents 3552, 3553 

Hygiene and physiology, shall make provisions 

for instructing pupils in, etc Subd. 3, 3546 

May remove county superintendent, when 3551 

require new or additional bond of county 

superin- 
tendent. 3554 
eflfect of 
notice to 
give .... 3554 

Oath of office ... . , 3543 

Office, books, papers and records , 3544 

Patent, when certificate by, necessary to issue of, 



70 

SUPERINTENDENT OF EDUCATION.— Continued^ 

for school lands 3654 

Salary of . . . !•. 3542 

School fund, duties as to appointment and dis- 
bursement of 3601-3623 

indemnity lands, duty and powers as to 

sale and lease of . 3861-3666 

Shall fill vacancies in office of county suerintend- 

dent 3559 

Term of office of 3542 

Vacancy in office of, filled by governor ; term of 

appointee 3549 

county superintendent filled 
suerintendent 3559 

COUNTY SUPERINTENDENT. 

Annual report, etc., required to make. . .Subd. 6, 3556 
forfeiture for failure to make. 3557 
Appeal from township trustees, decision on, final 3565 
Appoints three township trustees for each town- 
ship or other school district 3560 

members of county board of education. 3583 

Apportions funds unused for two years; report of. 3619 

Approves contracts with teachers 3569 

Board of education, county, president of 3583 

members of, ap- 
pointed by 3583 

Bond of ; amount fixed by superintendent of edu- 
cation ; conditions, etc 3552 

approval, filing and record of 3553 

new or additional, may be required ; ef- 
fect cf notice to give 3554 

Books and accounts of, may be examined by su- 



71 



COUNTY SUPERINTENDENT.— Continued. 



perintendent of education, etc 3558 

Compensation of, when may be used by, etc 3555 

County board of education, president of 3583 

members of, ap- 
pointed by 3583 

Decision on appeal from township trustees final. . 35B5 

Duties of, generally 3556 

as to bonds of township trustees, when 

• lands about to be sold or leased 3659 
making pay-rolls, paying teach- 
ers, etc ..3610-3616 

Election of, unless special act for appointment. . . 3550 
term of office ; superintendent of edu- 

cay remove, etc 3551 

Enumeration of children ; must report, to "super- 
intendent of education, when 3573 

Funds unused for two years apportioned by ; re- 
port of 8619 

Must make to superintendent of education report 

of enumeration 3573 

Oath of office and bond 3552 

Penalty for failing lo make pay-rolls, sign receipts 

or pay teachers 3616 

President of county board of educatioh 3588 

teachers' institutes 3591 

Teachers, approves contracts with, ... 3569 

institutes, president of 3591 

Term of office of ; may be removed by superinten- 
dent of education, when 3551 

Township trustees ; appoints three for each town- 
ship or other school district 8560 
decision on appeal from, final 3^65 
duty as to bonds of, when 



72 

COUNTY SUPERINTENDENT.— Continued. 

lands about to be sold or 

leased by 365,9 

Vacancies in office of ; how filled ; term of ap- 
pointees 3559 

TOWNSHIP TRUSTEES. 

Appointment of three, for each township or dis- 
trict by county superintendent ; term 3560 

Bonds must be given by, when school lands about 

to be sold or leased 3659 

Compensation of, for holding election and making 

sale of lands ; penalty for certain defaults. 3050 
Contract with teachers ; contract for transferred 

pupils 3569 

Duties and powers of, as to lease and sale of 

school lands 3625-3660 

Each district under management of, as to matters 

connected with public schools 3594 

Employing teachers and opening schools, rules in 

reference to 3568 

Enumeration, must make, of children within edu- 
cational age ; when. . 3573 
report of, to county su- 
perintendent ; when . 3573 
county superintendent must report, 

to superintendent ; when 3573 

new, may be ordered by superin- 
tendent, when ; expense of ; how 

paid 3574 

Exempt from road and jury duty, and from poll- 
tax 3575 

Have supervision of, and power to establish pub- 
lic schools 3561 



73 

TOWNSHIP TRUSTEES.— Continued. 

Jury duty, exempt from 3575 

Local school funds, have charge of apportionment 

and expenditure of ; exception 3617 

Xiocation of school when only one in a township ; 
how located ; change of loca- 
tion 3566 

and employment of teachers, to 

what regard must be had in. 3567 
May be removed from office by county superin- 
tendent Subd. 7 3556 

^Meetings with parents and guardians ; business 

transacted thereat 3562 

report to county superintendent number 
and location of schools, etc., within 

ten days after such 3563 

notice and duration of ; effect of failure 

to attend 3564 

appeal to county superintendent from 

decision of trustees at such. . . '. 3565 

IMust visit schools in their district at least once 

during each scholastic year 3570 

Penalty for certain defaults in reference to sale of 

school lands 3650 

Poll-tax, exempt from 3575 

Road duty, exempt from 3575 

School lands, must report income from sale or 

lease cf 3634 

duties and powers as to lease and 

sale of 3625-3660 

compensation for holding election 

and making sale of 3650 

Teachers, to what regard must be had in locating 

schools and employing 3567 



74 

TOWNSHIP TRUSTEES.— Continued. 

employing, and opening schools, rules 

in reference to 3568 

execution of contracts with ; contract for 

transferred pupils 3569 

may remove, but must pay for time 

taught 3571 

must require, to register daily attend- 
ance of pupils 3572 

Transferred pupils, must contract with teachers 

for 3569 

Vacancies in oflfice of, filled by county superin- 
tendent Subd. 9 3556 

PUBLIC SCHOOLS. 

Attendance of pupils to be registered 3572, 3580 

Board of education ; how constituted ; vacancies ; 

by whom filled 3583 

meetings of 3584 

power to cancel licenses ; 

cause for cancellation 3588 

Child to attend bnt one public school, etc., except 

by consent, etc 3596 

when non-resident, entitled to school privi- 
leges 3597 

Contracts for, invalid, when 3606 

Location of, when but one in township ; how lo- 
cated ; change of location 3566 

to what regard must be had in 3567 

meeting as to, number, etc., of schools. 3562 
Must be visited at least once during scholastic 

year by trustees 3570 

separate schools for the two races 3600 



75 

PUBLIC SCHOOL— Continued. 

Non-resident, when, entitled to school privileges. 3597 

Opening schools, rules in reference to 3568 

Pupils entitled to instruction in. .... 3595 

attendance of, to be registered 3572, 3580 

child to attend but one, except by consent, 

etc 3596 

when non-resident, entitled to school privi- 
leges 3597 

public examinations and certificates to. . . . 3599 
must be instructed as to the nature of alco- 
holic drinks and narcotics 3578 
in state and federal con- 
stitutions .... Subd. 4', 3546 

Rules in reference to opening schools , . • . 3568 

Scholastic periods, what are 3588 

School districts ; establishment and supervision 

of ; capacity to hold property 3594 

Teachers ; shall instruct as to nature of alcholic 
drinks and narcotics and their 

effects, etc , . 3578 

how long certificates to, are valid 3579 

register of attendance of pupils to be 

kept by and submitted, etc 3580 

must make q>uarterly reports to county 

superintendent ; contents of, etc 3581 

not entitled to compensation until re- 
ports made 3581 

to be paid quarterly and receipts taken 

3582, 3612 

when paid monthly 3614 

to what regard must be had in employ- 
ing 3567 

rules in reference to employing 3568 



76 

PUBLIC SCHOOLS— Continued. 

execution of contracts with ; contract for 

transferred pupils 3569 

removal of, by trustees; payment for 

time taught 3571 

must keep register of daily attendance of 

pupils 3572 

cause for cancellation of license to teach. 3588 
Teachers' institutes ; duty of board of education 

to organize 3590 

officers and members of ; no 

imposed without consent. . 3591 
meetings of ; address ; attend- 
ance, etc .... 3592 
business of . . . . 3593 
To be established by, and be under supervision of 

township trustees 3561 

what regard must be had in locating 3567 

Two races, separate schools for the 3600 

SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF. 

Apportionment ; basis of, and how made 3605 

to be recorded and certified to 

county superintendents 3606 

and expenditure of local school 

money 3617 

of income from trust fund when 

township divided 3618 

Auditor certifies amount of money to credit of 

educational fund 3601 

amount certified by, to be apportioned by 
superintendent, drawn and disbursed, 



SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF.— Continued. 

etc 3601 

amount apportioned certified to ; no war- 
rant drawn in excess ; balance unappor- 

tioned certified to treasurer 3603' 

SECTION 

Auditor, amount due each county apportioned 

and certified to 3609 

shall draw \yarrant in favor of county- 
superintendent 3611 

file said warrant and pay roll with 

the treasurer 3611 

must prepare blank pay rolls, receipts, 

etc 3613 

Contingent expenses and amount for normal 
schools set apart, residue appor- 
tioned 3602 

fund for department of education . .. 3622: 
unexpended part of, credited to 

next year 3623 

Each county receives poll-tax collected therein, 

and no more - 3607' 

township and race entitled to its poll-tax ; re- 
port as to 3608 

Fund, what, first set apart; effect of apportion- 
ment 3604 

once apportioned, not use I for otherjpur- 

poses until reapportioned 3620 

unused for two years apportioned by 

county superintendent 3619 

what part of income of townships new dis- 
tricts are entitled to 3621. 

Local school money, apportionment and expendi- 



78 

SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF.— Continued. 

ture of 3617 

New districts, what part of income of townships, 

entitled to 3621 

Pay [rolls, county superintendents shall make 

quarterly 3610 

duplicate, to be forwarded to superin- 
tendent 3610 

if correct, approved and 

filed with auditor 3610 

auditor shall draw warrant for amount 
of, in favor of county super- 
intendent 3611 

must file warrant and, with 

treasurer 3611 

treasurer must forward money, pay 

roll and duplicate receipts, etc ...... 3611 

teachers paid, and duplicate pay rolls 

to be signed by , 3612 

diiplicate, returned to superintendent. 3612 
auditor must prepare blank, receipts, 

etc 3613 

when teachers paid monthly, duty of 

county superintendent as to 3614 

if any balance in hands of county su- 
perintendent deducted from next 

quarterly 3615 

county superintendeut failing to make, 
sign receipts, or to pay teachers, 
etc., must be removed from oflBce. . 3616- 
Poll tax, each county receives, collected therein, 

no more . 3607 

township and race entitled to its ; 



79 

SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF.— Continued. 

report as to 3608 

State treasurer, duty of, as to forwarding money, 

etc., to county superintendent 3611 

Teachers, payment of ; when made ; manner of 

taking receipts, etc 3612 

when paid monthly ; duty of county 

superintendent 3614 

Township divided, apportionment of income from 

trust fund when 3618 

SCHOOL LANDS. 

Past-due notes to be placed in hands of, etc 3655 

for indemnity school lands placed 

in hands of, when 3663 

Appointment of agents, etc., by. 3656 

Bonds required of trustees when lands about to 

sold or leased 3959 

Clerk of court to cej'tify certain facts, etc., to su- 
perintendent of education; penalty for 

failure 3949 

Collection of notes for purchase money of . . . .3655-3657 
Compensation to township trustees for holding 

election for, and sale of 3650 

Costs not to be taxed against township when no 

money recovered, etc 3649 

Definition as to what are school lands, and in 

whom vested 3625 

Election as to sale of 3635 

oath of inspector of . , 3636 

if inspector absent, )how place supplied. . 3637 
polls to be opened and closed at what 



80 

SCHOOL LANDS— Continued. 

hours 3638 

manner of voting at 3B39 

if majority for sale, survey made, and 

minimum price fixed 3640 

plat of lands with minimum price marked 

to be kept for inspection 3641 

Faith and credit of state pledged for payment of 

interest on school fund, etc 3658 

Fines under provisions of sections 3649 and 3650 

go to school fund 3651 

Incorporation of townships 3624 

Indemnity school lands, sale of, authorized 3661 

manner and terms of 

sale of 3664 

proceeds of sale of ; how 

. . disposed of 8662 

notes taken by superin- 

dent, etc 3663^ 

when, turned over to 

attorney-general. . 3663^ 
lease of, provisions as to 3665 
what provisions as to 
trespass, resale, etc., 

applicable 3666 

Issue of patents ; correction of mistakes, etc . . 3652-3654 
Other lands may be leased ; terms ; rent ; notice ; 

duties of lessee, etc 3627-3630 

Patent, when, .to be issued 3652 

issue of, by secretary of state ; correction 

of mistakes 3653 

in other cases ; certificate of su- 
perintendent necessary, etc. . . 3654 
Penalty against clerk of court for failure to certify 



81 

SCHOOL LANDS.-Continued. 

certain facts, etc 3649 

•township trustees for certain de- 
faults relative to sales, etc. . . . 3650 

for injury to timber on 3632, 3638 

Plat of, with minimum price marked, etc., to be 

kept open for inspection 3641 

Proceeds of sale of, to be covered into state treasury 3658 
faith and credit of state pledged 

for payment of interest on. . 3658 

Provisions of article as to sale of, directory 3644 

what, applicable to trespass on, resale, 

etc., of indemnity lands 3666 

Purchase-money, collection of notes for. 3655-3657, 3668 

Report of income from leasing or renting 3634 

Resale of ; when may be made 3646 

Revesting of title; clerk to certify facts ; penalty 

for failure ; costs 3649 

Sale of, election for. . 3635-3639 

if majority for, survey made and mini- 
mum price fixed ^ 3640 

plat with minimum price marked, etc., 

to be kept free to inspection 3641 

notice of 3642 

at public auction ; terms of 3643 

provisions as to, directory 3644 

report of ; disposition of purchase-money 

notes 3645 

resale , when 3646 

certificate of purchase 3647 

effect and opera- 
tion of 3648 

revesting of title, etc 3649 

compensation to township trustees for 
6 



82 

SCHOOL LANDS.— Continued. 

making ; penalty for defaults 3650 

proceeds of, covered into state treasury. 3658 
bond required of trustees when, or lease 

about to be made 3659 

Sale of, by whom duties as to, :'etc., performed 

when township divided 3660 

school indemnity lands, authorized 3661 

proceeds of ; how 

disposed of . . 3662 
notes taken by 
Buperinten-' 
dent of ed- 
ucation. . . 3663 
when, to be 
placed 
with attor- 
ney * gen- 
eral 3663 

manner and 

^ terms of 3664 

Schoool indemnity lands^ lease of ...*......... . 3665 

provisions ap* 
plicable to . . . 3666 
Secretary of state ; issue of patent by ; correction 

of mistake 3653 

State , faith and credit of ^ pledged for payment of 

interest on school fund 3658 

Timber lots reserved 362G 

how used 3631 

penalty for injury to timber on. .3632, 3633 

Township, incorporation of 3624 

credited with collections on notes given 

for sale of ...................... . 8657 



83 

SCHOOL LANDS.— Continued. 

when, divided, by whom duties as to 

lands performed 3660 

trustees, compensation of, for making 

sale, etc 3650 

Trustees, township, compensation of, for making 

sale, etc 3650 



INDEX TO ACTS NOT IN CODE OF 1896. 



PAGE. 

E-xamination law 45-51 

Rules of State Board of Examiners 58-55 

Instructions Regarding Examination law 56-60 

Law fixing minimum term 61 

Law requiring Normal graduates to procure certi- 
ficates 62 

Law amending Sec. 3602 of code 62 

Form for 16th section note 63 

certificate of purchase 16th section land. 64 
Form for report of sale State 16th section land . . 64-65 
Form for 16th section bond* • • ' 65-66 

lease 16th section lands 66 



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